[R.O. 1991 § 400.210; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. I), 4-2-2013]
A.Â
Statutory Authorization. The legislature
of the State of Missouri has, in Section 89.020, RSMo., delegated
the responsibility to local government units to adopt floodplain management
regulations designed to protect the health, safety and general welfare.
Therefore, the Board of Aldermen of the City of Smithville, Missouri,
does ordain as set out herein.
B.Â
Findings Of Fact. The following are specific
findings of fact that are the basis of these floodplain regulations.
1.Â
Flood Losses Resulting From Periodic
Inundation. The special flood hazard areas of Smithville, 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.Â
General Causes Of The Flood Losses.
These flood losses are caused by:
3.Â
Methods Used To Analyze Flood Hazards.
The Flood Insurance Study (FIS) that is the basis of this Division
uses a standard engineering method of analyzing flood hazards which
consist of a series of interrelated steps.
a.Â
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 Division is representative of large floods which are characteristic
of what can be expected to occur on the particular streams subject
to this Division. It is in the general order of a flood which could
be expected to have a one-percent chance of occurrence in any one
(1) year as delineated on the Federal Insurance Administrator's FIS
and illustrative materials dated August 3, 2015, as amended, and any
future revisions thereto.
[Ord. No. 2926-15 § 1, 7-7-2015[1]]
[1]
Editor's Note: Section 3 of this ordinance
provided an effective date of 8-3-2015.
b.Â
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.Â
Computation of a floodway required
to convey this flood without increasing flood heights more than one
(1) foot at any point.
d.Â
Delineation of floodway encroachment
lines within which no development is permitted that would cause any
increase in flood height.
e.Â
Delineation of flood fringe, i.e.,
that area outside the floodway encroachment lines but still subject
to inundation by the base flood.
C.Â
Statement Of Purpose. It is the purpose of this Division to promote the public health, safety and general welfare; to minimize those losses described in Section 400.210(B)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Division to:
1.Â
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.Â
Require uses vulnerable to floods,
including public facilities that serve such uses, be provided with
flood protection at the time of initial construction; and
3.Â
Protect individuals from buying lands
that are unsuited for the intended development purposes due to the
flood hazard.
[R.O. 1991 § 400.220; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. II), 4-2-2013]
Unless specifically defined below,
words or phrases used in this Division shall be interpreted so as
to give them the meaning they have in common usage and to give this
Division 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).
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying or raising of agricultural commodities.
A request for a review of the Floodplain Administrator's
interpretation of any provision of this Division 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.
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 equaled
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 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 storing of equipment or materials.
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.
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 (1) the overflow of inland
waters, and/or (2) the unusual and rapid accumulation or runoff of
surface waters from any source.
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 elevations.
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 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.
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 historical 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 Division.
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" means structures for which
the start of construction commenced on or after the effective date
of the floodplain management regulations adopted by the community.
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.
Any individual or group of individuals, corporation, partnership,
association or any 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 aboveground.
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.
See "area of special flood hazard."
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,
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.
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 the 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 which 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 structure permitted in a district for a period not to exceed
one hundred eighty (180) days and is required to be removed upon the
expiration of the permit period. Temporary structures may include
recreational vehicles, temporary construction offices or temporary
business facilities used until permanent facilities can be constructed,
but at no time shall it include manufactured homes used as residences.
A grant of relief to a person 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
Division is presumed to be in violation until such time as that documentation
is provided.
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.
[R.O. 1991 § 400.230; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. III), 4-2-2013]
A.Â
Lands To Which Chapter Applies. This Division shall apply to all lands within the jurisdiction of the City of Smithville, Missouri, identified as numbered and unnumbered A zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for Clay County on map panels 29047C0011E, 29047C0012E, 29047C0013E, 29047C0014E, 29047C0018E, 29047C0020E, 29047C0025E, 29047C0101E, 29047C0102E, 29047C0103E, 29047C0104E, 29047C0106E, and 29047C0108E dated August 3, 2015, as amended, and any future revisions thereto. In all areas covered by this Division, 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 Section 400.250 of this Division.
[Ord. No. 2926-15 § 2, 7-7-2015[1]]
[1]
Editor's Note: Section 3 of this ordinance
provided an effective date of 8-3-2015.
B.Â
Floodplain Administrator. The Smithville
City Administrator or their designee is hereby designated as the Floodplain
Administrator under this Division.
C.Â
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 Division and other applicable regulations.
D.Â
Abrogation And Greater Restrictions. It
is not intended by this Division to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this Division imposes greater restrictions, the provisions of this
Division shall prevail. All other Sections inconsistent with this
Division are hereby repealed to the extent of the inconsistency only.
E.Â
Interpretation. In their interpretation
and application, the provisions of this Division 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.Â
Warning And Disclaimer Of Liability. The
degree of flood protection required by this Division 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 Division
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 damage. This Division shall not create a liability on the part
of the City of Smithville, Missouri, any officer or employee thereof
for any flood damages that may result from reliance on this Division
or any administrative decision lawfully made thereunder.
G.Â
Severability. If any Section, clause, provision
or portion of this Division is adjudged unconstitutional or invalid
by a court of appropriate jurisdiction, the remainder of this Division
shall not be affected thereby.
[R.O. 1991 § 400.240; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. IV), 4-2-2013]
A.Â
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 400.230(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.Â
Administration. The Floodplain Administrator
is hereby appointed to administer and implement the provisions of
this Division.
C.Â
Duties And Responsibilities Of Floodplain
Administrator. Duties of the Floodplain Administrator shall include,
but not be limited to:
1.Â
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 Division have been satisfied;
2.Â
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.Â
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;
4.Â
Issue floodplain development permits
for all approved applications;
5.Â
Notify adjacent communities and the
Missouri State Emergency Management Agency prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Emergency Management Agency (FEMA);
6.Â
Assure that maintenance is provided
within the altered or relocated portion of any watercourse so that
the flood-carrying capacity is not diminished;
7.Â
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;
and
8.Â
Verify and maintain a record that
the new or substantially improved non-residential structures have
been floodproofed.
9.Â
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.Â
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.Â
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.Â
Identify and describe the work to
be covered by the floodplain development permit;
3.Â
Indicate the use or occupancy for
which the proposed work is intended;
4.Â
Indicate the assessed value of the
structure and the fair market value of the improvement;
5.Â
Specify whether development is located
in designated flood fringe or floodway;
6.Â
Identify the existing base flood
elevation and the elevation of the proposed development;
7.Â
Give such other information as reasonably
may be required by the Floodplain Administrator;
8.Â
Be accompanied by plans and specifications
for proposed construction; and
9.Â
Be signed by the permittee or his/her
authorized agent who may be required to submit evidence to indicate
such authority.
[R.O. 1991 § 400.250; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. V), 4-2-2013]
A.Â
General Standards.
1.Â
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 Section are satisfied.
2.Â
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 Division.
If Flood Insurance Study data is not available, the Floodplain Administrator
shall obtain, review and reasonably utilize any base flood elevation
or floodway data currently available from Federal, State or other
sources.
3.Â
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 community.
4.Â
All new construction, subdivision
proposals, substantial improvements, prefabricated structures, placement
of manufactured homes and other developments shall require:
a.Â
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.Â
Construction with materials resistant
to flood damage;
c.Â
Utilization of methods and practices
that minimize flood damages;
d.Â
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;
e.Â
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; and
f.Â
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)Â
All such proposals are
consistent with the need to minimize flood damage;
(2)Â
All public utilities
and facilities, such as sewer, gas, electrical and water systems,
are located and constructed to minimize or eliminate flood damage;
(3)Â
Adequate drainage is
provided so as to reduce exposure to flood hazards; and
(4)Â
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.
5.Â
Storage, Material And Equipment.
a.Â
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.Â
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.Â
Agricultural Structures. Structures
used solely for agricultural purposes in connection with the production,
harvesting, storage, drying or raising of agricultural commodities,
including the raising of livestock, 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; there is
no permanent retail, wholesale or manufacturing use included in the
structure; a variance has been granted from the floodplain management
requirements of this Division; and a floodplain development permit
has been issued.
7.Â
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
no 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 Division; and a floodplain development permit has been issued.
8.Â
Critical Facilities.
a.Â
All new or substantially improved critical non-residential facilities, including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities and schools shall be elevated above the 500-year flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the 500-year flood level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the 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 400.240(C)(9).
b.Â
All critical facilities shall have
access routes that are above the elevation of the 500-year flood.
c.Â
No critical facilities shall be constructed
in any designated floodway.
9.Â
Hazardous Materials. All hazardous
material storage and handling sites shall be located out of the special
flood hazard area.
10.Â
Non-Conforming Use. A structure or
the use of a structure or premises that was lawful before the passage
or amendment of the Division, but which is not in conformity with
the provisions of this Division, may be continued subject to the following
conditions:
a.Â
If such structure, use or utility
service is discontinued for twelve (12) consecutive months, any future
use of the building shall conform to this Division.
b.Â
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 pre-damaged market
value of the structure. This limitation does not include the cost
of any alteration to comply with existing State or local health, sanitary,
building, safety codes, regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places,
the State Inventory of Historic Places or Local Inventory of Historic
Places upon determination.
11.Â
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into compliance with Section 400.250(B) which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of non-residential structures to or above the base flood elevation.
B.Â
Specific Standards. 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 400.250(A)(2), the following provisions are required:
1.Â
Residential Construction. New construction
or substantial improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including basement,
elevated a minimum of one (1) foot above the base flood level.
2.Â
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured home, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the 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 400.240(C)(9).
3.Â
Require, for all new construction
and substantial improvements that fully enclosed areas below 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.Â
A minimum of two (2) openings have
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.Â
The bottom of all opening 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 exist of floodwaters.
C.Â
Manufactured Homes.
1.Â
All manufactured homes to be placed
within all unnumbered and numbered A Zones and AE Zones on the Smithville,
Missouri, 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. Methods of anchoring may include, but
are not limited to, use of over-the-top or frame ties to ground anchors.
2.Â
Require manufactured homes that are
placed or substantially improved within unnumbered or numbered A Zones
and AE Zones on the Smithville, Missouri, FIRM on sites outside of
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.
3.Â
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM that are not subject to the provisions of Subsection (C)(2), above be elevated so that either:
a.Â
The lowest floor of the manufactured
home is one (1) foot above the base flood level; or
b.Â
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.Â
Floodway. Located within areas of special flood hazard established in Section 400.230(A), above 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.Â
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.Â
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.Â
If Section 400.250(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 400.250.
4.Â
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 400.250(A)(2).
E.Â
Recreational Vehicles. Require that recreational
vehicles placed on sites within all unnumbered and numbered A Zones
and AE Zones on the Smithville, Missouri, FIRM either:
1.Â
Be on the side for fewer than one
hundred eighty (180) consecutive days and be fully licensed and ready
for highway use*; or
2.Â
Meet the permitting, elevating and
the anchoring requirements for manufactured homes of this Division.
*A recreational vehicle is 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.
[R.O. 1991 § 400.260; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. VI), 4-2-2013]
A.Â
Establishment Of Appeal Board. The Board
of Zoning Adjustment as established by the City of Smithville, Missouri,
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Division.
B.Â
Responsibility Of Appeal Board.
1.Â
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 Zoning Adjustment.
2.Â
The Board of Aldermen 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 Division.
C.Â
Further Appeals. Any person aggrieved by
the decision of the Board of Aldermen or any taxpayer may appeal such
decision to the Circuit Court of Clay County as provided in Chapter
89, RSMo.
D.Â
Floodplain Management Variance Criteria.
In passing upon such applications for variances, the Board of Aldermen
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Division and the following
criteria:
1.Â
The danger to life and property due
to flood damage;
2.Â
The danger that materials may be
swept onto other lands to the injury of others;
3.Â
The susceptibility of the proposed
facility and its contents to flood damage and the effect of such damage
on the individual owner;
4.Â
The importance of the services provided
by the proposed facility to the community;
5.Â
The necessity to the facility of
a waterfront location, where applicable;
6.Â
The availability of alternative locations
not subject to flood damage for the proposed use;
7.Â
The compatibility of the proposed
use with existing and anticipated development;
8.Â
The relationship of the proposed
use to the Comprehensive Plan and floodplain management program for
that area;
9.Â
The safety of access to the property
in times of flood for ordinary and emergency vehicles;
10.Â
The expected heights, velocity, duration,
rate of rise and sediment transport of the floodwaters, if applicable,
expected at the site; and
11.Â
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.Â
Conditions For Approving Floodplain Management
Variances.
1.Â
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, provided items (2) through (6) below have been fully considered.
As the lot size increases beyond the one-half (1/2) acre, the technical
justification required for issuing the variance increases.
2.Â
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
proposed activity will not preclude the structure's continued historic
designation.
3.Â
Variances shall not be issued within
any designated floodway if any increase in flood levels during the
base flood discharge would result.
4.Â
Variances shall only be issued upon
a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
5.Â
Variances shall only be issued upon:
a.Â
A showing of good and sufficient
cause;
b.Â
A determination that failure to grant
the variance would result in exceptional hardship to the applicant;
and
c.Â
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.Â
A community shall notify the applicant
in writing over the signature of a community official that:
a.Â
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.Â
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 Division.
F.Â
Conditions For Approving Variances For
Agricultural Structures.
1.Â
Any variance granted for an agricultural 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 Section 400.260(D) and (E) of this Division.
2.Â
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 agricultural structures that are constructed at-grade and wet-floodproofed.
a.Â
All agricultural structures considered
for a variance from the floodplain management regulations of this
Division shall demonstrate that the varied structure is located in
wide, expansive floodplain areas and no other alternate location outside
of the special flood hazard area exists for the agricultural structure.
Residential structures, such as farmhouses, cannot be considered agricultural
structures.
b.Â
Use of the varied structures must
be limited to agricultural purposes in Zone A only as identified on
the Smithville, Missouri, Flood Insurance Rate Map (FIRM).
c.Â
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finished, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 400.250(A)(4)(b) of this Division.
d.Â
The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Section 400.250(A)(4)(a) of this Division. 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.
e.Â
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.250(A)(4)(d) of this Division.
f.Â
The agricultural 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 400.250(B)(3) of this Division.
g.Â
Major equipment, machinery or other
contents must be protected from any flood damage.
h.Â
No disaster relief assistance under
any program administered by any Federal agency shall be paid for any
repair or restoration costs of the agricultural structures.
i.Â
The applicant shall acknowledge in
writing over the signature of a community official that:
(1)Â
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)Â
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 Division.
j.Â
Wet-floodproofing construction techniques
must be reviewed and approved by the community and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
G.Â
Conditions For Approving Variances For
Accessory Structures.
1.Â
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 Section 400.260(D) and (E) of this Division.
2.Â
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.Â
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.Â
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 400.250(A)(4)(b) of this Division.
c.Â
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 400.250(A)(4)(a) of this Division. 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.Â
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.250(A)(4)(d) of this Division.
e.Â
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 400.250(B)(3) of this Division.
f.Â
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 400.250(D)(2) of this Division. 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.Â
Equipment, machinery or other contents
must be protected from any flood damage.
h.Â
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.Â
A community shall notify the applicant
in writing over the signature of a community official that:
(1)Â
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)Â
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 Division.
j.Â
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.
H.Â
Conditions For Approving Variances For Temporary Structures. Any variance granted for a temporary 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 Section 400.260(D) and (E) of this Division.
1.Â
A temporary structure may be considered
for location within the 100-year floodplain only when all of the following
criteria are met:
a.Â
Use of the temporary structure is
unique to the land to be developed and cannot be located outside of
the floodplain nor meet the NFIP design standards;
b.Â
Denial of the temporary structure
permit will create an undue hardship on the property owner;
c.Â
The community has adopted up-to-date
NFIP and building regulations to direct placement and removal of the
temporary structure; and
d.Â
The community has sufficient staff
to monitor the placement, use and removal of the temporary structure
throughout the duration of the permit.
2.Â
Once all of the above conditions
are met, an application for a conditional use permit must be made
to the Board of Aldermen. The Board of Aldermen shall consider all
applications for conditional use permits for a temporary structure
based on the following criteria:
a.Â
The placement of any temporary structure
within the special flood hazard areas as shown on the community's
adopted Federal Emergency Management Agency/National Flood Insurance
Program map shall require an approved conditional use permit. The
conditional use permit shall be valid for a period not to exceed one
hundred eighty (180) days.
b.Â
Conditional use permit applications
for a temporary structure to be located in special flood hazard areas
shall conform to the standard public hearing process prior to any
community action on the permit request.
c.Â
An emergency plan for the removal
of the temporary structure that includes specific removal criteria
and time frames from the agency or firm responsible for providing
the manpower, equipment and the relocation and disconnection of all
utilities shall be required as part of the conditional use permit
application for the placement of any temporary structure.
d.Â
On or before the expiration of the
end of the one hundred eighty (180) day conditional use permit period,
the temporary structure shall be removed from the site. All utilities,
including water, sewer, communication and electrical services, shall
be disconnected.
e.Â
To ensure the continuous mobility
of the temporary structure for the duration of the permit, the temporary
structure shall retain its wheels and tires, licenses and towing appurtenance
on the structures at all times.
f.Â
Under emergency flooding conditions,
the temporary structure shall be removed immediately or as directed
by the community and as specified in the emergency removal plan.
g.Â
Location of any temporary structure
within the regulatory floodway requires the provision of a "no-rise"
certificate by a registered professional engineer.
h.Â
Violation of or non-compliance with
any of the stated conditions of the conditional use permit during
the term thereof shall make the permit subject to revocation by resolution
of the Governing Body of the community. Issuance of permit revocation
notice shall be made to the landowner, the occupant of the land and
to the general public.
i.Â
Any deviation from the approved site
plan shall be deemed a violation of the conditional use permit approval
and the uses allowed shall automatically be revoked. The subsequent
use of the land shall be as it was prior to the special permit approval.
In event of any violation, all permitted conditional uses shall be
deemed a violation of this Division and shall be illegal, non-conforming
uses and shall be summarily removed and abated.
j.Â
If the temporary structure is to
be returned to its previously occupied site, the process for issuing
a conditional use permit must be repeated in full. Any subsequent
permit shall be valid for one hundred eighty (180) days only.
[R.O. 1991 § 400.270; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. VI), 4-2-2013]
Any person who violates this Division or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall, upon conviction thereof, be punished as set forth in Section 400.610 of this Chapter. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Smithville, Missouri, or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[R.O. 1991 § 400.280; Ord. No. 2865-13 § 1(Exh.
A § 400.230 Art. VI), 4-2-2013]
The regulations, restrictions and
boundaries set forth in this Division 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 Smithville,
Missouri. 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 Division are in
compliance with the National Flood Insurance Program (NFIP) regulations.
