[R.O. 1996 § 415.020; Ord. No. 2393 § 1, 11-28-2016]
Unless specifically defined below,
words or phrases used 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.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
APPURTENANT STRUCTURE
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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
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.
DEVELOPMENT
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.
ELEVATED BUILDING
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.
EXISTING CONSTRUCTION
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."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FLOOD ELEVATION DETERMINATION
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.
FLOOD FRINGE
The area outside the floodway encroachment lines but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
and/or the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT
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.
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.
FLOODPROOFING
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.
FLOODWAY or REGULATORY FLOODWAY
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.
FREEBOARD
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.
FUNCTIONALLY DEPENDENT USE
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1.
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;
2.
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;
3.
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
4.
Individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either:
a.
By an approved State program as determined
by the Secretary of the Interior; or
b.
Directly by the Secretary of the
Interior in States without approved programs.
LOWEST FLOOR
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.
MANUFACTURED HOME
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."
MAP
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).
MEAN SEA LEVEL
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.
NEW CONSTRUCTION
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 a community and
includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
NFIP
The National Flood Insurance Program (NFIP).
PERSON
Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including Federal, State
and local governments and agencies.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or
less when measured at the largest horizontal projections;
3.
Designed to be self-propelled or
permanently towable by a light-duty truck; and
4.
Designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
REMEDY A VIOLATION
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.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event, equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
RISK PREMIUM RATES
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.
SPECIAL HAZARD AREA
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
START OF CONSTRUCTION
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.
STATE COORDINATING AGENCY
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.
STRUCTURE
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.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred. The term includes repetitive loss buildings
(see "repetitive loss").
For the purposes of this definition, "repair" is considered
to occur when the first repair or reconstruction of any wall, ceiling,
floor, or other structural part of the building commences. The term
does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary, or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely necessary to ensure safe living conditions;
or
2.
Any alteration of a historic structure
provided that the alteration will not preclude the structure's continued
designation as a historic structure; or
3.
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration, or improvement
to a building, taking place during a ten-year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. This term includes structures, which have incurred
"repetitive loss" or "substantial damage," regardless of the actual
repair work done.
The term does not apply to:
1.
Any project for improvement of a
building required to comply with existing health, sanitary, or safety
code specifications which have been identified by the Code Enforcement
Official and which are solely necessary to ensure safe living conditions;
or
2.
Any alteration of a historic structure
provided that the alteration will not preclude the structure's continued
designation as a historic structure; or
3.
Any building that has been damaged
from any source or is categorized as repetitive loss.
VARIANCE
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.
VIOLATION
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.
WATER SURFACE ELEVATION
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. 1996 § 415.030; Ord. No. 2393 § 1, 11-28-2016]
A. Lands To Which This Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Grain Valley identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) Jackson County Panels 29095C0330G, 29095C0336G, 29095C0337G, 29095C0338G, 29095C0339G 29095C0343G, 29095C0451G, and 29095C0452G dated January 20, 2017, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and as specifically noted in Article
IV.
B. The Enforcement Officer. The Community
Development Director shall designate an enforcement officer under
this Chapter. The enforcement officer shall have the title of Floodplain
Administrator.
C. Compliance. No development located within
the special flood hazard areas of this community shall be located,
extended, converted or structurally altered without full compliance
with the terms of this Chapter and other applicable regulations.
D. Abrogation And Greater Restrictions. It
is not intended by this Chapter to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where
this Chapter imposes greater restrictions, the provisions of this
Chapter shall prevail. All other ordinances inconsistent with this
Chapter are hereby repealed to the extent of the inconsistency only.
E. Interpretation. In their interpretation
and application, the provisions of this Chapter shall be held to be
minimum requirements, shall be liberally construed in favor of the
Governing Body and shall not be deemed a limitation or repeal of any
other powers granted by State Statutes.
F. Warning And Disclaimer Of Liability. The
degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions
or the flood heights may be increased by 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 flood fringe or
land uses permitted within such areas will be free from flooding or
flood damage. This Chapter shall not create a liability on the part
of the City of Grain Valley, any officer or employee thereof for any
flood damages that may result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
G. Severability. If any Section, clause, provision
or portion of this Chapter is adjudged unconstitutional or invalid
by a court of appropriate jurisdiction, the remainder of this Chapter
shall not be affected thereby.