[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:
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.
[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.
[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.
[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.
[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.
[Ord. No. 5410 §1, 1-12-2015]
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:
b.
The recreational vehicle meets the permitting, elevation, and
the anchoring requirements for manufactured homes of this Chapter.
[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).
[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.
[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.
[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.
[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.
[Ord. No. 5410 §1, 1-12-2015]
A.
ACCESSORY STRUCTURE
ACTUARIAL RATES
ADMINISTRATOR
AGENCY
AGRICULTURAL COMMODITIES
AGRICULTURAL STRUCTURE
APPEAL
APPURTENANT STRUCTURE
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASEMENT
BUILDING
CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL
COMMUNITY
DEVELOPMENT
ELEVATED BUILDING
ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY
EXISTING CONSTRUCTION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
FLOOD ELEVATION DETERMINATION
FLOOD ELEVATION STUDY
FLOOD FRINGE
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY or REGULATORY FLOODWAY
FLOODWAY ENCROACHMENT LINES
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MAP
MARKET VALUE OF A STRUCTURE
MARKET VALUE or FAIR MARKET VALUE
MEAN SEA LEVEL
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
(NFIP)
ONE-HUNDRED-YEAR FLOOD
PARTICIPATING COMMUNITY
PERSON
PRINCIPALLY ABOVE GROUND
RECREATIONAL VEHICLE
1.
2.
3.
4.
REMEDY A VIOLATION
REPETITIVE LOSS
RISK PREMIUM RATES
SPECIAL FLOOD HAZARD AREA
SPECIAL HAZARD AREA
START OF CONSTRUCTION
STATE COORDINATING AGENCY
STRUCTURE
SUBSTANTIAL DAMAGE
1.
2.
3.
a.
b.
c.
SUBSTANTIAL IMPROVEMENT
1.
2.
a.
b.
c.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISION
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
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.
Means the same as "appurtenant structure."
See "risk premium rates."
Means the Federal Insurance Administrator.
Means the Federal Emergency Management Agency (FEMA).
Means agricultural products and livestock.
Means any structure used exclusively in connection with the
production, harvesting, storage, drying, or raising of agricultural
commodities.
Means a request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
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.
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.
Is the land in the floodplain within a community subject
to a one-percent or greater chance of flooding in any given year.
Means the flood having a one-percent chance of being equaled
or exceeded in any given year.
Means any area of the structure having its floor subgrade
(below ground level) on all sides.
See "structure."
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.
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.
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.
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.
Means a community for which the Administrator has authorized
the sale of flood insurance under the National Flood Insurance Program
(NFIP).
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."
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.
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).
Means an Official Map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
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.
Means an examination, evaluation and determination of flood
hazards.
Means the area of the floodplain, outside the floodway encroachment
lines, but still subject to inundation by the base flood.
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.
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.
Means an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations.
Means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
Means any land area susceptible to being inundated by water
from any source (see "flooding").
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.
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.
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.
Means the lines marking the limits of floodways on Federal,
State, and local floodplain maps.
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.
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.
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Means any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
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.
Means a parcel (or contiguous parcels) of land divided into
two (2) or more manufactured home lots for rent or sale.
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).
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.
Means an estimate of what is fair, economic, just, and equitable
value under normal local market conditions.
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.
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.
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.
Means the National Flood Insurance Program (NFIP).
See "base flood."
Also known as an "eligible community," means a community
in which the Administrator has authorized the sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
Means that at least fifty-one percent (51%) of the actual
cash value of the structure, less land value, is above ground.
Means a vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
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.
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.
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.
See "area of special flood hazard."
Means an area having special flood hazards and shown on an
FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
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.
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.
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.
Means:
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).
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.
The term does not apply to:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure; or
Any improvement to a building.
Means:
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.
The term does not apply to:
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
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure; or
Any building that has been damaged from any source or is categorized
as repetitive loss.
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.
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.
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.
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.
