[Ord. No. 3327 §1, 3-2-1987; Ord. No. 3350 §2(1.1, 1.23(4)), 5-18-1987; Ord. No. 4353 §1, 8-1-2005]
A.
Statutory Authorization. The legislature of the State of
Missouri has delegated the responsibility to local governmental units
to adopt floodplain management regulations designed to protect the
health, safety and general welfare. Therefore, the Board of Aldermen
of the City of Dexter, Missouri, ordains as follows.
B.
Findings Of Fact.
1.
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Dexter, 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 the flood losses. The 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, which are inadequately elevated or otherwise
inadequately elevated or otherwise unprotected from flood damages.
3.
Methods used to analyze flood hazards. This Chapter
uses a reasonable method of analyzing flood hazards which consists
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 (1%)
chance of occurrence in any one (1) year as delineated on the Federal
Insurance Administration's Flood Insurance Study (FIS) and illustrative
materials dated December 1, 1981, as amended, and any future revisions
thereto.
b.
Calculation 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 establish
or maintain the community's eligibility 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 which are dangerous to health, safety or
property in times of flooding or cause undue increases in flood heights
or velocities.
2.
Require uses vulnerable to floods, including public facilities which
serve such uses, be provided with flood protection at the time of
initial construction; and
3.
Protect individuals from buying lands which are unsuited for intended
development purposes due to the flood hazard.
[Ord. No. 3327 §12, 3-2-1987; Ord. No. 3350 §2(12), 5-18-1987; Ord. No. 3618 §§1 — 2, 12-7-1992; Ord. No. 4353 §1, 8-1-2005]
Unless specifically defined below, words or phrases uses 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.
See "BASE FLOOD".
The same as "APPURTENANT STRUCTURE".
See "RISK PREMIUM RATES".
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
A request for a review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the community who is charged with the authority
to implement and administer laws, ordinances and regulations for that
community.
Any State or area or political subdivision thereof, which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
Any manmade 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.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
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".
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.
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).
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
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.
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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface evaluations.
Any land area susceptible to being inundated by water from
any source (see "FLOODING").
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.
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, that provide standards for the purpose of flood damage prevention
and reduction.
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities or structures and their contents.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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:
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.
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. The
term "manufactured home" does not include a "recreational vehicle".
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
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).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
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.
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" commenced on or after the
effective date of the floodplain management regulations adopted by
a community and includes any subsequent improvements to such structures.
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.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association or other entity, including Federal, State
and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
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.
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.
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.
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 (1st)
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, 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 (1st) 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.
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.
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.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum 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".
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.
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.
The height in relation to the National Geodetic Vertical
Datum (GVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
[Ord. No. 3327 §2, 3-2-1987; Ord. No. 3350 §2(2.1, 2.2, 2.9), 5-18-1987; Ord. No. 4353 §1, 8-1-2005]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Dexter identified as numbered and unnumbered A Zones, AE, AO and AH Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) for Dexter, Missouri, dated June 1, 1982, 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 Flood Zone Manager or its duly designated representative under such safeguards and restrictions as the Flood Zone Manager 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 Section 415.060.
B.
Floodplain Administrator. The City Attorney is hereby designated
as the Floodplain Administrator under this Chapter.
C.
Compliance. No development located within the special flood
hazard areas of this City 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 existent easements,
covenants or deed restrictions. However, where this Chapter imposes
greater restrictions, the provision 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 height may
be increased by manmade or natural causes, such as ice jams and bridge
openings restricted by debris. This Chapter does not imply that areas
outside the floodway and floodway fringe or land uses permitted within
such areas will be free from flooding or flood damage. This Chapter
shall not create liability on the part of the City of Dexter, 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 competent jurisdiction, the remainder of this Chapter shall not
be affected thereby.
[Ord. No. 3327 §3, 3-2-1987; Ord. No. 3350 §2(3.2, 3.36, 3.37), 5-18-1987; Ord. No. 4353 §1, 8-1-2005]
A.
Floodplain Development Permit Required. 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 415.030. 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.
Designation Of Flood Zone Manager. The City Attorney is
hereby appointed to administer and implement the provisions of this
Chapter.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be
limited to:
1.
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.
2.
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.
3.
Review 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.
4.
Issue floodplain development permits for all approved applications.
5.
Notify adjacent communities and the Disaster Preparedness and Operations
Office prior to any alteration or relocation of a watercourse and
shall submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
6.
Assure that the flood-carrying capacity is not diminished and shall
be maintained within the altered or relocated portion of said watercourse.
7.
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.
8.
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.
9.
When floodproofing techniques are utilized for a particular non-residential
structure, the Floodplain Administrator shall require certification
from a registered professional engineer or architect.
D.
Application For Floodplain Development 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.
Identify and describe the work to be covered by the floodplain development
permit.
2.
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.
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.
Be accompanied by plans and specifications for proposed construction.
8.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
9.
Give such other information as reasonably may be required by the
Floodplain Administrator.
10.
If the application is made for a flood clearance letter, where no
new development or remodeling is contemplated, the application fee
shall be ten dollars ($10.00). For any development permit, the application
fee shall be as follows:
|
Development Size
|
Application Fee
| |
|---|---|---|
|
No structure to 200 square feet
|
$10.00
| |
|
200 — 500 square feet
|
$25.00
| |
|
Over 500 square feet
|
$40.00
|
[Ord. No. 3327 §4, 3-2-1987; Ord. No. 4353 §1, 8-1-2005]
The mapped floodplain areas within the jurisdiction of this
Chapter are hereby divided into the two (2) following districts: a
Floodway Overlay District (FW) and Floodway Fringe Overly District
(FF) identified in the Flood Insurance Study (and accompanying map).
Within these districts all uses not meeting the standards of this
Chapter and those standards of the underlying zoning district shall
be prohibited. These zones shall be consistent with the numbered and
unnumbered A Zones (including AO, AE and AH Zones) as identified on
the official FIRM and identified in the Flood Insurance Study provided
by the Federal Insurance Administration.
[Ord. No. 3327 §§5 —
7, 3-2-1987; Ord. No.
4353 §1, 8-1-2005]
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 and unnumbered A Zones,
AE, AO and AH Zones, unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the 100-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 community 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 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 community.
4.
All new construction, subdivision proposals, substantial improvements,
prefabricated buildings, placement of manufactured homes and other
developments shall require:
a.
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.
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.
c.
Construction with materials resistant to flood damage.
d.
Utilization of methods and practices that minimize flood damages.
e.
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.
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 floatation
or if readily removable from the area within the time available after
flood warning.
6.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are 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.
All 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 base flood elevation
data.
7.
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.
B.
Specific Standards. In all areas identified as numbered and unnumbered A Zones, AE and AH Zones, where base flood elevation data has been provided, as set forth in Section 415.030(A), the following provisions are required:
[Ord. No. 4878, 2-5-2018]
1.
Residential construction. New construction or substantial
improvement of any residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to
base flood elevation.
2.
Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, shall have the lowest floor, including basement, elevated to 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 415.040(C)(7).
3.
Require for all new construction and substantial improvements that
fully enclosed areas below the lowest floor used solely for parking
of vehicles, building access, or storage in an area other than a basement
and 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.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and numbered
A Zones, AE and AH Zones on the community's 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 floatation, collapse or lateral movement. Methods
of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
2.
Require manufactured homes that are placed or substantially improved
within unnumbered A Zones, AE and AH Zones on the community's FIRM
on sites:
a.
Outside of manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to an existing manufactured home park or subdivision;
or
d.
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 or 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.
|
3.
Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones, AE and AH Zones on the community's FIRM, that are not subject to the provisions of Section 415.060(C)(2) of this Chapter, be elevated so that either:
a.
The lowest floor of the manufactured home is at or one (1) foot above
the base flood elevation; or
b.
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 be securely
attached to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
D.
Areas Of Shallow Flooding (AO And AH Zones).
1.
AO Zones.
a.
All new construction and substantial improvements of residential
structures, including manufactured homes, shall have the lowest floor,
including basement, elevated above the highest adjacent grade at least
as high as the depth number specified on the community's FIRM (at
least two (2) feet if no depth number is specified).
b.
All new construction and substantial improvements of any commercial,
industrial or other non-residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two (2) feet if no depth
number is specified) or, together with attendant utilities and sanitary
facilities, be completely floodproofed so that the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capacity of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy.
c.
Adequate drainage paths shall be required around structures on slopes
in order to guide floodwaters around and away from proposed structures.
2.
AH Zones.
a.
The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set forth in Section 415.060(B).
b.
Adequate drainage paths shall be required around structures on slopes
in order to guide floodwaters around and away from proposed structures.
E.
Floodway. Located within areas of special flood hazard established in Section 415.030(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply.
1.
The community shall select and adopt a regulatory floodway 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 that flood more than one (1) foot at
any point.
2.
The community 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 community during the occurrence
of the base flood discharge.
3.
If Section 415.060(e)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 415.060.
4.
In unnumbered A Zones the community 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 415.060(A)(2).
F.
Recreational Vehicles. Require that recreational vehicles
placed on sites within all unnumbered and numbered A Zones, AO, AE
and AH Zones on the community's FIRM either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive
days, or
2.
Be fully licensed and ready for highway use.
a.
For the purposes of this Section, a recreational vehicle is considered
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick-disconnect type utilities and security
devices and has no permanently attached additions.
3.
Meet the permitting, evaluation and the anchoring requirements for
manufactured homes of this Chapter.
[Ord. No. 3327 §8, 3-2-1987; Ord. No. 4353 §1, 8-1-2005]
A.
Establishment Of Appeal Board. The Board of Adjustment as
established 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 apply for such floodplain development permit or variance directly to the Board of Adjustment as defined in Section 415.070(A).
2.
The Board of Adjustment shall hear and decide appeals when it is
alleged that there is an error in any requirements, 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 or any taxpayer may appeal such decision to
the Board of Aldermen of the City of Dexter, Missouri.
D.
Floodplain Management Variance Criteria. 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:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury
of others;
3.
The susceptibility of the 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 flood 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
Floodplain Management Program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, 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, streets
and bridges.
E.
Conditions For Approving Floodplain Management Variances.
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 Subsections (2) through (6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places, the State Inventory of Historic Places or local inventory
of historic places upon determination provided the proposed activity
will not preclude the structure's continued historic designation.
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.
A community shall notify the applicant in writing over the signature
of a community 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. Such notification shall be maintained with the record
of all variance actions as required by this Chapter.
F.
Conditions For Approving Variances For Accessory Structures.
1.
Any variance granted for an accessory structure shall be decided individually based on a case-by- case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Sections 415.070(D) and (E) of this Chapter.
2.
In order to minimize flood damages during the 100-year flood and
the threat to public health and safety, the following conditions shall
be included for any variance issued for accessory structures that
are constructed at-grade and wet-floodproofed.
a.
Use of the accessory structures must be solely for parking and limited
storage purposes in Zone A only as identified on the community's Flood
Insurance Rate Map (FIRM).
b.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 415.060(A)(4)(b) of this Chapter.
c.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 415.060(A)(4)(a) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
d.
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 415.060(A)(4)(e) of this Chapter.
e.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls subject to the 100-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 415.060(B)(3) of this Chapter.
f.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 415.060(D)(2) of this Chapter. No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.
g.
Equipment, machinery or other contents must be protected from any
flood damage.
h.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the accessory structures.
i.
A community shall notify the applicant in writing over the signature
of a community official that:
(1)
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
(2)
Such construction below the base flood level increases risks
to life and property. Such notification shall be maintained with the
record of all variance actions as required by this Chapter.
j.
Wet-floodproofing construction techniques must be reviewed and approved
by the community and registered professional engineer or architect
prior to the issuance of any floodplain development permit for construction.
[Ord. No. 3327 §10, 3-2-1987; Ord. No. 4353 §1, 8-1-2005]
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
constitute a misdemeanor. Any person who violates this Chapter or
fails to comply with any of its requirements shall on conviction thereof
be fined not more than five hundred dollars ($500.00) and, in addition,
shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the City of Dexter or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
[1]
Editor's Note — Ord. no. 4353 §1, adopted August 1, 2005, repealed section 415.080 "non-conforming use" in its entirety. Former section 415.080 derived from ord. no. 3327 §9, 3-2-1987; ord. no. 3350 §2(9.11), 5-11-1987. Sections 415.090 and 415.100 were renumbered as sections 415.080 and 415.090 per ord. no. 4353.
[Ord. No. 3327 §11, 3-2-1987; Ord. No. 4353 §1, 8-1-2005]
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 Dexter. 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.
