City of Creve Coeur, MO
St. Louis County
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Table of Contents
Table of Contents

Section 415.010 Statutory Authorization, Findings of Fact and Purposes.

[Ord. No. 5410 §1, 1-12-2015[1]]
A. 
Statutory Authorization. The Legislature of the State of Missouri has in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. The City derives further authority from its status as a Charter City, from Chapter 89, RSMo., and other applicable law. Therefore, the City Council of the City of Creve Coeur, Missouri, ordains as follows.
B. 
Findings Of Fact.
1. 
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Creve Coeur, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
2. 
General causes of these flood losses. These flood losses are caused by:
a. 
The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and
b. 
The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.
3. 
Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.
a. 
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one-percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County dated February 4, 2015, as amended, and any future revisions thereto.
b. 
Calculations of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c. 
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d. 
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e. 
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
C. 
Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare; to minimize those losses described in Section 415.010(B)(1); to establish or maintain the eligibility of the City of Creve Coeur and property owners within the City for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:
1. 
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
2. 
Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3. 
Protect individuals from developing lands that are unsuited for the intended development purposes because of the flood hazard.
[1]
Editor's Note: Section 1 of this Chapter superseded former Ch. 415, Flood Hazard Control Regulations, as adopted and amended by R.O. 2008 §§24-31.1 — 24.31.9, 24.31.11; Ord. No. 2144 §1, 8-27-2001; Ord. No. 2207 §1, 1-27-2003; Ord. No. 5043 §2, 7-14-2008.

Section 415.020 General Provisions.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Creve Coeur, Missouri, identified as numbered and unnumbered A zones and AE zones on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0186K, 29189C0187K, 29189C188K, 29189C189K, 29189C191K, 29189C192K, 29189C193K, and 29189C0194K, dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City Council of the City of Creve Coeur or its duly designated representative under such safeguards and restrictions as the City Council of the City of Creve Coeur or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City, and as specifically noted in Sections 415.050, 415.060, and 415.070.
B. 
Floodplain Administrator. The City Engineer is hereby designated as the Floodplain Administrator under this Chapter.
C. 
Rules For Interpretation Of District Boundaries. The boundaries of the Floodway and Floodway Fringe Overlay Districts shall be determined by scaling distances on the Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the Flood Insurance Rate Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute. The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case to the board and to submit his/her own technical evidence, if he/she so desires.
D. 
Compliance. No development located within the special flood hazard areas of the City shall be located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.
E. 
Abrogation And Greater Restrictions. It is not intended by this Chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.
F. 
Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
G. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions, or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe district boundaries or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of the City of Creve Coeur, or any officer or employee thereof, for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.
H. 
Severability. If any Section, Subsection, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.
I. 
Appeal. Where a request for a permit to develop is denied by the Floodplain Administrator, the applicant may appeal such denial to the Board of Adjustment.

Section 415.030 Floodplain Development Permit.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Permit Required. A separate floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 415.020(A). No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B. 
Administration.
1. 
The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Chapter.
2. 
Duties and Responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:
a. 
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Chapter have been satisfied;
b. 
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;
c. 
Review of all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
d. 
Issue floodplain development permits for all approved applications;
e. 
Notify adjacent communities and the Missouri State Emergency Management Agency (Mo SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
f. 
Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse.
g. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
h. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
i. 
When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect.
C. 
Application For Permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
1. 
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
2. 
Identify and describe the work to be covered by the floodplain development permit;
3. 
Indicate the use or occupancy for which the proposed work is intended;
4. 
Indicate the assessed value of the structure and the fair market value of the improvement;
5. 
Specify whether development is located in designated flood fringe or floodway;
6. 
Identify the existing base flood elevation and the elevation of the proposed development;
7. 
Give such other information as reasonably may be required by the Floodplain Administrator;
8. 
Be accompanied by plans and specifications for proposed construction; and
9. 
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

Section 415.040 Establishment of Overlay Districts.

[Ord. No. 5410 §1, 1-12-2015]
The mapped floodplain areas within the jurisdiction of this Chapter are hereby divided into the following districts: A Floodway Overlay District (FW) and a Flood Fringe Overlay District (FF) identified in the Flood Insurance Study and accompanying maps. Within these districts all uses not meeting the standards of this Chapter and those standards of the underlying Zoning Code shall be prohibited. These zones shall be consistent with the numbered and unnumbered A zones (including AE zones) as identified on the official Flood Insurance Rate Map (FIRM) and identified by the Administrator.

Section 415.050 Standards for the Floodway Overlay District and the Flood Fringe Overlay District.

[Ord. No. 5410 §1, 1-12-2015]
A. 
General Standards.
1. 
No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones and AE zones, unless the conditions of this Chapter are satisfied.
2. 
All areas identified as unnumbered A zones on the FIRM are subject to inundation of the one-hundred-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the City shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3. 
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City.
4. 
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
a. 
Flotation, collapse, lateral movement. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. 
Flood-resistant construction. Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with all electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
c. 
Water supplies and sewers. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination;
d. 
Utilities. All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood elevation; and
e. 
New development. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage;
(2) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) 
All proposals for development of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5. 
Storage, material, and equipment.
a. 
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b. 
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
6. 
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at grade and wet-floodproofed, provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued.

Section 415.060 Flood Fringe Overlay District.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Permitted Uses. Any use permitted in Section 415.070 shall be permitted in the Flood Fringe Overlay District, provided that the standards of Section 415.050 are met.
B. 
Standards For The Flood Fringe Overlay District. In all areas identified as numbered and unnumbered A zones and AE zones, where base flood elevation data have been provided, as set forth in Section 415.050(A)(2), the following provisions are required:
1. 
Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above base flood elevation.
2. 
Non-residential construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structures, including manufactured homes or similar structures designed and intended solely for non-residential use, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 415.030(B)(2).
3. 
Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. 
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
b. 
The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
4. 
Manufactured homes. All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones, on the FIRM, shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement.
a. 
Anchoring. Manufactured homes must be anchored in accordance with State and local building codes and FEMA guidelines. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. In the event that over-the-top or frame ties to ground anchors are used, the following specific requirements (or their equivalent, as determined by the City's Chief Building Official), shall be met:
(1) 
Over-the-top ties be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at intermediate locations, except that manufactured homes less than fifty (50) feet long shall only require one (1) additional tie per side;
(2) 
Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, except that manufactured homes less than fifty (50) feet long shall only require four (4) additional ties per side;
(3) 
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
(4) 
Any additions to the manufactured home shall be similarly anchored.
b. 
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones and AE zones, on the community's FIRM on sites outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c. 
Require that manufactured homes to be placed or substantially improved on sites within all unnumbered and numbered A zones and AE zones, on the FIRM, that are not subject to the provisions of Section 415.060(B)(4)(b) of this Chapter, be elevated such that both of the following criteria are met:
(1) 
The lowest floor of the manufactured home is at least one (1) foot above the base flood level; and
(2) 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and are securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
5. 
Recreational vehicles. Recreational vehicles placed on sites within all unnumbered and numbered A zones and AE zones on the FIRM shall comply with one (1) of the following:
a. 
The recreational vehicle is on the site for fewer than one hundred eighty (180) consecutive days, and it is fully licensed and ready for highway use. A recreational vehicle is considered ready for highway use if it is:
(1) 
On its wheels or jacking system;
(2) 
Is attached to the site only by quick-disconnect-type utilities and security devices; and
(3) 
Has no permanently attached additions.
b. 
The recreational vehicle meets the permitting, elevation, and the anchoring requirements for manufactured homes of this Chapter.

Section 415.070 Floodway Overlay District.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Definition. Located within areas of special flood hazard established in Section 415.020(A) are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles. Only uses that have a low flood damage potential and do not obstruct flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance.
1. 
When the City selects and adopts a regulatory floodway, it shall be based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of the base flood more than one (1) foot at any point.
B. 
Permitted Uses. No use shall be permitted in the Floodway Overlay District unless the standards of Sections 415.050 and 415.060 are met. The following uses are allowed in the Floodway District:
1. 
Agricultural uses, such as nurseries and forestry.
2. 
Accessory residential uses, such as lawns, gardens, parking, and play areas.
3. 
Accessory non-residential areas, such as loading areas, parking, and airport landing strips.
4. 
Public and private recreational uses, such as golf courses, archery ranges, picnic grounds, parks, and wildlife and nature preserves.
C. 
Standards Of The Floodway Overlay District. The following provisions shall apply:
1. 
The City shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge.
2. 
If Section 415.070(C)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 415.050 and 415.060.
3. 
In unnumbered A zones, the City shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section 415.050(A)(2).

Section 415.080 Floodplain Management Variance Procedures.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Appeal Board. The City's Board of Adjustment shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
B. 
Responsibility Of Appeal Board.
1. 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may appeal that denial to the Board of Adjustment, as defined in Section 415.080(A).
2. 
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.
C. 
Further Appeals. Any person aggrieved by the decision of the Board of Adjustment may appeal such decision to the St. Louis County Circuit Court, as provided in Section 89.110, RSMo.
D. 
Floodplain Management Variance Criteria And Conditions. The provisions of Section 405.1110 shall govern the granting of variances to the provisions of this Chapter, except as modified or made more specific by the following criteria and conditions:
1. 
Criteria for floodplain management variances. In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter, and the following criteria:
a. 
The danger to life and property due to flood damage;
b. 
The danger that materials may be swept onto other lands to the injury of others;
c. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The importance of the services provided by the proposed facility to the City;
e. 
The necessity to the facility of a waterfront location, where applicable;
f. 
The availability of alternative locations, not subject to flood damage, for the proposed use;
g. 
The compatibility of the proposed use with existing and anticipated development;
h. 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
i. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
k. 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
2. 
Conditions for approving floodplain management variances.
a. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Section 415.080(D)(2)(b) through Section 415.080(D)(2)(f) below have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases, and stricter scrutiny shall apply.
b. 
Variances may be issued for the reconstruction, rehabilitation, or restoration of "historic structures," as defined in this Chapter, provided the proposed activity will not preclude the structure's continued historic designation.
c. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
f. 
Notification.
(1) 
The City shall notify the applicant in writing, over the signature of a City official, that:
(a) 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(b) 
Such construction below the base flood level increases risks to life and property.
(2) 
Such notification shall be maintained with the record of all variance actions as required by this Chapter.

Section 415.090 Non-Conforming Use.

[Ord. No. 5410 §1, 1-12-2015]
The provisions of Section 405.610 shall apply to all non-conformities created through the application of the standards and criteria of this Chapter requiring control of flood hazards.

Section 415.100 Penalties for Violation.

[Ord. No. 5410 §1, 1-12-2015]
Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall be punishable pursuant to Sections 100.090 to 100.110 of the City Code of Ordinances. Nothing herein contained shall prevent the City of Creve Coeur or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 415.110 Amendments.

[Ord. No. 5410 §1, 1-12-2015]
The regulations, restrictions, and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Creve Coeur, and at least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Chapter are in compliance with the National Flood Insurance Program (NFIP) regulations.

Section 415.120 Definitions.

[Ord. No. 5410 §1, 1-12-2015]
A. 
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this Chapter its most reasonable application.
ACCESSORY STRUCTURE
Means the same as "appurtenant structure."
ACTUARIAL RATES
See "risk premium rates."
ADMINISTRATOR
Means the Federal Insurance Administrator.
AGENCY
Means the Federal Emergency Management Agency (FEMA).
AGRICULTURAL COMMODITIES
Means agricultural products and livestock.
AGRICULTURAL STRUCTURE
Means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
Means a request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance.
APPURTENANT STRUCTURE
Means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.
AREA OF SHALLOW FLOODING
Means a designated A or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Is the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
Means the flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Means any area of the structure having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL
Means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community, and within this Chapter means the Creve Coeur City Administrator.
COMMUNITY
Means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction, and within this Chapter means the City of Creve Coeur.
DEVELOPMENT
Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
ELEVATED BUILDING
Means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY
Means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
EXISTING CONSTRUCTION
Means for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
Means an Official Map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
FLOOD ELEVATION DETERMINATION
Means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.
FLOOD ELEVATION STUDY
Means an examination, evaluation and determination of flood hazards.
FLOOD FRINGE
Means the area of the floodplain, outside the floodway encroachment lines, but still subject to inundation by the base flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
Means an official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.
FLOOD INSURANCE RATE MAP (FIRM)
Means an Official Map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
Means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODING
Means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland waters and/or
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT
Means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN or FLOOD-PRONE AREA
Means any land area susceptible to being inundated by water from any source (see "flooding").
FLOODPLAIN MANAGEMENT REGULATIONS
Means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
Means any combination of structural and non-structural additions, changes, or adjustments to structures that will effectively prevent flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY or REGULATORY FLOODWAY
Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FLOODWAY ENCROACHMENT LINES
Means the lines marking the limits of floodways on Federal, State, and local floodplain maps.
FREEBOARD
Means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
Means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Means any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. 
By an approved state program as determined by the Secretary of the Interior; or
b. 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
Means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.
MANUFACTURED HOME
Means a structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include a "recreational vehicle," as defined below.
MANUFACTURED HOME PARK OR SUBDIVISION
Means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MAP
Means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
MARKET VALUE OF A STRUCTURE
Means the established value of the existing structure, as determined by the St. Louis County Department of Revenue for taxing purposes, prior to the time when any improvements are made or prior to any flooding condition. The value of any land shall not be included in the value of the structure.
MARKET VALUE or FAIR MARKET VALUE
Means an estimate of what is fair, economic, just, and equitable value under normal local market conditions.
MEAN SEA LEVEL
Means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
NEW CONSTRUCTION
Means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
(NFIP)
Means the National Flood Insurance Program (NFIP).
ONE-HUNDRED-YEAR FLOOD
See "base flood."
PARTICIPATING COMMUNITY
Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
PERSON
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
PRINCIPALLY ABOVE GROUND
Means that at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
Means a vehicle which is:
1. 
Built on a single chassis;
2. 
Four hundred (400) square feet or less when measured at the largest horizontal projections;
3. 
Designed to be self-propelled or permanently towable by a light-duty truck; and
4. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REMEDY A VIOLATION
Means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.
REPETITIVE LOSS
Means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
RISK PREMIUM RATES
Means those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.
SPECIAL FLOOD HAZARD AREA
See "area of special flood hazard."
SPECIAL HAZARD AREA
Means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
START OF CONSTRUCTION
Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations; the erection of temporary forms; nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STATE COORDINATING AGENCY
Means that agency of the state government, or other office designated by the governor of the state or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
STRUCTURE
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE
Means:
1. 
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see definition).
2. 
For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences.
3. 
The term does not apply to:
a. 
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Chief Building Official and which are solely necessary to assure safe living conditions; or
b. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
c. 
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Means:
1. 
Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the "market value of the structure," as defined herein. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures which have incurred "repetitive loss" or "substantial damage," as defined herein, regardless of the actual repair work done.
2. 
The term does not apply to:
a. 
Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Chief Building Official and which are solely necessary to assure safe living conditions; or
b. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
c. 
Any building that has been damaged from any source or is categorized as repetitive loss.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISION
The repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
VARIANCE
Means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
Means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.