[R.O. 1991 § 425.050; Ord. No. 1018 § I, 7-13-2004; Ord. No. 1030 §§ I
– II, 4-12-2005; Ord. No. 10-1100 §§ I – II, 3-9-2010]
A. General Provisions. This Chapter shall apply to all lands within the jurisdiction of the City of Vandalia, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Audrain County, Missouri, on map panels 29007C0175C, 29007C0180C and 29007C0190C dated April 5, 2010, 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 Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen 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.
B. Floodplain Administrator. The City Administrator
is hereby appointed to administer and implement the provisions of
this Chapter by granting or denying development permit applications
in accordance with its provisions.
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 Chapter and other applicable regulations.
D. 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Chapter are hereby repealed to the extent of the inconsistency only.
E. 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
Governing Body, 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 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 floodplain 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 Vandalia,
any officer or employee thereof for any flood damages that may result
from reliance on this Chapter or any administrative decision lawfully
made thereunder.
G. Severability. If any Section, 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.