[R.O. 2008 § 415.060; R.O. 2007 § 415.060; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6170 § 2, 1-14-2016]
This Chapter shall apply to all lands within the jurisdiction of the City of O'Fallon, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for St. Charles County on map panels 29183C0210G, 29183C0215G, 29183C0220G, 29183C0230G, 29183C0235G, 29183C0237G, 29183C0239G, 29183C0240G, 29183C0241G, 29183C0242G, 29183C0243G, 29183C0405G, 29183C0410G, 29183C0430G, and 29183C0435G dated January 20, 2016, 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 or its duly designated representative under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Article IV.
[R.O. 2008 § 415.070; R.O. 2007 § 415.070; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 5, 4-28-2016; Ord.
No. 6737, 12-10-2020]
The areas of special flood hazard
identified by the Federal Emergency Management Agency through a scientific
and engineering report entitled "The Flood Insurance Study for the
City of O'Fallon, Missouri," dated March 9, 2021, with accompanying
Flood Insurance Rate Maps dated January 20, 2016, and any revision
thereto are hereby adopted by reference and declared to be a part
of this Chapter.
[R.O. 2008 § 415.080; R.O. 2007 § 415.080; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 6, 4-28-2016]
A 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 415.060. 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.
[R.O. 2008 § 415.090; R.O. 2007 § 415.090; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 7, 4-28-2016]
No development located within the
special flood hazard areas of this community shall be located, extended,
converted, or structurally altered without full compliance with the
terms of this ordinance and other applicable regulations.
[R.O. 2008 § 415.100; R.O. 2007 § 415.100; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 8, 4-28-2016]
It is not intended by this chapter
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance 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.
[R.O. 2008 § 415.110; R.O. 2007 § 415.110; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 9, 4-28-2016]
In their interpretation and application,
the provisions of this ordinance shall be held to be minimum requirements,
shall be liberally construed in favor of the governing body, and shall
not be deemed a limitation or repeal of any other powers granted by
State statutes.
[R.O. 2008 § 415.120; R.O. 2007 § 415.120; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 10, 4-28-2016]
The degree of flood protection required
by this Chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering methods of study. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by manmade or natural causes, such as ice jams and bridge openings
restricted by debris. This Chapter does not imply that land outside
the areas of special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This Chapter shall not
create liability on the part of the City of O'Fallon or by any officer
or employee thereof for any flood damages that result from reliance
on this Chapter or any administrative decision lawfully made thereunder.
