[Ord. No. 6924 §§1—3(9-40), 2-22-1999]
This Article is intended to comply with the land management criteria as set forth in part 1910 of the National Flood Insurance Program, to be known as the Flood Plain Management Ordinance, and shall become effective upon the date the City Council adopts the regular Flood Insurance Program.
[Ord. No. 6924 §§1—3(9-41), 2-22-1999; Ord. No. 7213 §1(9-41), 2-27-2006]
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 flood plain management regulations designed to protect the health, safety and general welfare. Therefore the City of Webb City, Missouri, ordains as follows.
B. 
Findings Of Facts.
1. 
The special flood hazard areas of Webb City, 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. 
These flood losses are caused by:
a. 
The cumulative effect of development in any delineated flood plain 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. 
The Flood Insurance Study (FIS) that is the basis of this Article 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 Article is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Article. 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 Jasper County dated November 2, 2012, as amended, and any future revisions thereto;
[Ord. No. 12-016 §1, 9-24-2012]
b. 
Calculation of water surface profiles based on a hydraulic engineering analysis of the capacity of the stream channel and over-bank areas to convey the regulatory flood;
c. 
Computation of the 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 which would cause any increase in flood height;
e. 
Delineation of floodway 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 Article to promote the public health, safety and general welfare, to minimize those losses described in Subsection (B) of this Section, to establish or maintain the community's eligibility for participation in the National Flood Plain 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 Article to:
1. 
Restrict or prohibit uses, which are dangerous to health, safety, or property in times of flood or cause undue increases in flood heights or velocities;
2. 
Require that uses vulnerable to floods, including public facilities, which serve such uses, be provided with flood protection at the time of initial construction;
3. 
Protect individuals from buying lands that are unsuited for intended development purposes due to the flood hazard.
[Ord. No. 6924 §§1—3(9-42), 2-22-1999; Ord. No. 7213 §1(9-42), 2-27-2006]
A. 
Lands To Which This Zoning Regulation Applies. This Article shall apply to all lands within the jurisdiction of the City of Webb City identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) for Jasper County, Missouri on map panels 29097C0161E, 29097C0162E, 29097C0163E, 29097C0164E, 29097C0276E, and 29097C0277E, dated November 2, 2012, as amended, and any future revisions thereto. In all areas covered by this Article, 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 and health of the inhabitants of the community, and as specifically noted in section 405.400.
[Ord. No. 12-016 §2, 9-24-2012]
B. 
Flood Plain Administrator. The Community Development Director is hereby designated as the Flood Plain Administrator under this Article.
C. 
Compliance. 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 Article and other applicable regulations.
D. 
Abrogation And Greater Restrictions. It is not intended by this Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article shall prevail.
E. 
Interpretation. In their interpretations and application, the provisions of this Article shall be held to be minimum requirements and shall be liberally construed in favor of the City Council and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
F. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on engineering and scientific means 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 Article does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damages. This Article shall not create a liability on the part of Webb City Missouri, any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision made lawfully thereunder.
G. 
Severability. If a court of appropriate jurisdiction adjudges any section, clause, provision, or portion of this Article unconstitutional or invalid, the remainder of this Article shall not be affected thereby.
[Ord. No. 6924 §§1—3(9-43), 2-22-1999]
A. 
Permit Required. No person, firm or corporation shall initiate any development or substantial improvement without first obtaining a separate permit for development as defined in Section 405.380.
B. 
Administration. Duties of the Building Inspector shall include, but not be limited to:
1. 
Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Section have been satisfied.
2. 
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
3. 
Notify adjacent communities and the Department of Natural Resources prior to any alteration or relocation of a watercourse and shall submit evidence of such notification to the Federal Emergency Management Agency.
4. 
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
5. 
Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
6. 
Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
7. 
When floodproofing is utilized for a particular structure, the Building Inspector shall be presented certification from a registered professional engineer or architect.
C. 
Application For Permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
1. 
Identify and describe the work to be covered by the permit.
2. 
Describe the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the proposed building or work.
3. 
Indicate the use or occupancy for which the proposed work is intended.
4. 
Be accompanied by plans and specifications for proposed construction.
5. 
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.
6. 
Give such other information as reasonably may be required by the Building Inspector.
[Ord. No. 6924 §§1—3(9-44), 2-22-1999]
The mapped flood plain areas within the jurisdiction of this zoning regulation are hereby divided into the two (2) following districts: a Floodway Overlay District (FW) and Floodway Fringe Overlay District (FF). The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts all uses not meeting the standards of this zoning regulation and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones (including AE, AO and AH Zones) as identified in the official FIRM and identified in the Flood Insurance Study provided by the Federal Emergency Management Agency.
[Ord. No. 6924 §§1—3(9-45), 2-22-1999]
A. 
No permit for development shall be granted for new construction, substantial improvements and other improvements including the placement of manufactured homes within all numbered and unnumbered A Zones (including AE, AO and AH Zones) unless the conditions of this zoning regulation are satisfied.
B. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this Article. If Flood Insurance Study data is not available the community shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
C. 
New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:
1. 
Design or anchorage to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 
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.
3. 
Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages and with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. 
All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.
5. 
That until a floodway has been designated, no development, including landfill, may be permitted within A Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference.
6. 
Storage and material and equipment.
a. 
The storage or processing of materials that are, in times of flooding, buoyant, flammable, explosive or possibly 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 and firmly anchored to prevent floatation or if readily removable from the area within the time available after flood warning.
7. 
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be required to assure that:
a. 
All such proposals are consistent with the need to minimize flood damage;
b. 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage;
c. 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
d. 
Proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation.
[Ord. No. 6924 §§1—3(9-46), 2-22-1999]
A. 
Permitted Uses. Any use permitted in Section 405.430 shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of Section 405.410 are met.
B. 
Standards For The Floodway Fringe Overlay District.
1. 
Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to or above the level of the 100-year flood.
2. 
Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above the level of the 100-year flood, utility and sanitary facilities to be floodproofed so that below such a level 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 Building Inspector as set forth in Section 405.380.
3. 
Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than abasement and which 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 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. 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.
C. 
Within AH Zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
D. 
Manufactured homes shall be anchored to resist floatation, collapse or lateral movement. Manufactured homes must be anchored in accordance with local Building Codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) 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 and manufactured homes less than fifty (50) feet long requiring 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 and manufactured homes less than fifty (50) feet long requiring 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 be similarly anchored.
E. 
Require that all manufactured homes to be placed within Zones A1-30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 405.420.
F. 
Located within the areas of special flood hazard established in Section 405.380 are areas designed as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:
1. 
All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the level of the 100-year flood.
2. 
All new construction and substantial improvements of non-residential structures shall:
a. 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the level of the 100-year flood.
b. 
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level 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. Such certification shall be provided to the Building Inspector as set forth in Section 405.390.
3. 
Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
[Ord. No. 6924 §§1—3(9-47), 2-22-1999]
A. 
Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance. All encroachments, including fill, new construction, substantial improvements and other developments, must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No uses shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Sections 405.410 and 405.420. The following are recommended uses for the Floodway District.
1. 
Agricultural uses such as general farming, pasture, nurseries and forestry.
2. 
Residential uses such as lawns, gardens, parking and play areas.
3. 
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, wildlife and nature preserves.
5. 
In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 405.410 in meeting the standards of this Section.
[Ord. No. 6924 §§1—3(9-48), 2-22-1999]
A. 
The Board of Adjustment shall hear and decide appeals and requests for variances.
B. 
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 Building Inspector in the enforcement or administration of this flood plain management zoning regulation.
C. 
Any person, or any neighborhood organization defined by Section 32.105, RSMo., aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of Jasper County as provided in Section 89.110, RSMo., as amended.
D. 
In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, all relevant factors, standards specified in other Sections of this zoning regulation and the following:
1. 
The danger that materials may be swept onto other lands to the injury of others;
2. 
The danger to life and property due to flooding or erosion damage;
3. 
The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. 
The importance of the services provided by the proposed facility to the community;
5. 
The necessity to the facility of a waterfront location, where applicable;
6. 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;
9. 
The safety of access to the property in times of flood for emergency vehicles;
10. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. 
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 and streets and bridges.
E. 
Variances may be granted under the following conditions:
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (E)(2)—(E)(6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical jurisdiction required for issuing the variance increases.
2. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Variances shall only be issued upon:
a. 
A showing of good and sufficient cause;
b. 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. 
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.
6. 
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
[Ord. No. 6924 §§1—3(9-49), 2-22-1999]
A. 
A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this Article may be continued subject to the following conditions:
1. 
If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this zoning regulation. The City Water Department shall notify the Building Inspector in writing of instances of non-conforming uses where City services have been discontinued for a period of six (6) months.
2. 
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
B. 
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this Article. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
[Ord. No. 6924 §§1—3(9-51), 2-22-1999]
The regulations, restrictions and boundaries set forth in this Article 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 in 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 Webb City at least fifteen (15) days before the date of the public hearing. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Article of the City's zoning ordinance are intended to comply with the National Flood Insurance Program regulations.