[Ord. No. 1017 §1, 2-26-2001]
The words listed hereunder shall, for the purposes of this Chapter,
have the definitions ascribed to them in this Section. Unless specifically
defined below, words or phrases used in this Chapter shall be interpreted
so as to give them the meanings they have in common usage and to give
this Chapter its most reasonable application.
See "BASE FLOOD".
The same as "APPURTENANT STRUCTURE".
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.
The Federal Insurance Administrator.
The Federal Emergency Management Agency.
A request for a review of the Public Works Director's interpretation
of any provision of this Chapter or a request for a variance.
A structure which 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 the City 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 building having its floor subgrade (below
ground level) on all sides.
See "STRUCTURE".
The official of the City who is charged with the authority
to implement and administer laws, ordinances and regulations for the
City.
The City of Breckenridge Hills, Missouri.
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction, including the City.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, levee,
levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage 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 complete 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).
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 hazards have
been designated as (unnumbered or numbered) A Zones.
An official map of the City on which the Flood Insurance
Study has delineated both the special flood hazard boundaries and
the risk premium zones applicable to the City.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from (1) the overflow of inland
or tidal waters; and/or (2) the unusual and rapid accumulation or
runoff of surface waters from any source.
The operation of an overlay 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
ordinances, grading ordinances and erosion control ordinance) and
other application of Police power. The term describes such State or
local regulations, in any combination thereof, which provide standards
for the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source (see "FLOOD OR FLOODING").
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, 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 wave action, clogged 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, port facilities that are necessary for the
loading and unloading of 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 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 that have been approved
by the Secretary of the Interior.
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, which
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 "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) or the Flood Insurance
Rate Map (FIRM) for the City issued by the agency.
An estimate of what is fair, economic, just and equitable
value under local market conditions.
For the purpose 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 the City's Flood Insurance
Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, "new construction" means 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.
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 City.
The National Flood Insurance Program
See "ELIGIBLE COMMUNITY".
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 above ground.
A vehicle that 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 impact of its non-compliance.
Those rates established by the Administrator pursuant to
individual community studies and investigations that 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 a FHBM
or FIRM 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
improvement were within one hundred eighty (180) days of the permit
date. The "actual start" means the first (1st) placement
of permanent construction of a structure on a site, such as the pouring
of slab 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;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or 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.
The 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 exceed fifty percent (50%)
of the market value of the structure before "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 alterations 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 City 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 City.
The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure
or other development without the elevation certificate or 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 of 1929 (or other datum where specified) of floods of various
magnitudes and frequencies in the floodplain.
[Ord. No. 1017 §1, 2-26-2001]
A.
Findings Of Fact.
1.
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Breckenridge Hills,
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. These flood
losses are caused by:
3.
Methods used to analyze flood hazards. The Flood
Insurance Study (FIS) that is the basis of this Chapter uses a standard
engineering method of analyzing flood hazards that consists of a series
of interrelated steps.
a.
Selection of regulatory 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 that 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 and illustrative
material dated August 2, 1995, as amended, and any future revisions
thereto.
b.
Calculation of water surface profiles based on a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas
to convey the regulatory flood.
c.
Computation of the floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no obstruction
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 which still is subject to inundation by the
base flood.
B.
Statement Of Purpose. It is the purpose of this Chapter to promote the public health and general welfare, to minimize those losses described in Section 415.020(A)(1) hereof, to establish or maintain the City'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 that
serve such uses, be provided with flood protection at the time of
initial construction, and
3.
Protect individuals from buying lands that are unsuited for intended
development purposes due to flood hazard.
[Ord. No. 1017 §1, 2-26-2001]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Breckenridge Hills, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated August 2, 1995, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except upon the issuance of a floodplain development permit, granted by the City of Breckenridge Hills or its duly designated representative under such safeguards and restrictions as the City of Breckenridge Hills or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City and where specifically noted in Sections 415.040 through 415.060 of this Chapter.
B.
Floodplain Administrator. The Director of Public Works is
hereby designated as the Floodplain Administrator under this Chapter.
C.
Compliance. No development located within known 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 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
and shall be liberally construed in favor of the Governing Body and
shall not be deemed a limitation or repeal of any 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 liability on the part of the City of Breckenridge
Hills, any officer or any employee, representative or agent thereof
for any flood damage that may result from reliance on this Chapter
or any administrative decision lawfully made hereunder.
[Ord. No. 1017 §1, 2-26-2001]
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(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.
[Ord. No. 1017 §1, 2-26-2001; Ord. No. 1211 §7, 4-28-2014]
A.
The
Floodplain Administrator is hereby appointed to administer and implement
the provisions of this Chapter.
B.
Duties And Responsibilities Of Local Administrator. The
duties of the Floodplain Administrator shall include, but not be limited
to:
1.
Review of all 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 floodplain development permits for proposed development
to assure that all necessary permits have been obtained from those
Federal, State or local governmental agencies from which prior approval
is required 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 State Emergency Management Agency
prior to any alteration or relocation of a watercourse and shall submit
evidence of such notification to the Federal Emergency Management
Agency.
6.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
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 new or substantially improved non-residential
structures have been floodproofed.
9.
When floodproofmg techniques are utilized for a particular non-residential
structure, the Public Works Director shall require certification from
a registered professional engineer or architect.
[Ord. No. 1017 §1, 2-26-2001]
A.
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.
Describe the land on which the proposed work is to be done by lot,
block, tract and house and street address or similar description that
will readily identify and specifically locate the proposed structure
or work;
2.
Identify and describe the work to be covered by the floodplain development
permit;
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 the development is located in the designated flood
fringe or the floodway;
6.
Identify the existing base flood elevation and the elevation of the
proposed development;
7.
Give such other information as reasonably may be required by the
Director of Public Works;
8.
Be accompanied by plans and specifications for the proposed construction;
and
9.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
[Ord. No. 1017 §1, 2-26-2001]
A.
No
permit for development shall be granted for new construction, substantial
improvements and other improvements, including the placement of manufactured
homes, within all numbered and unnumbered A Zones and AE Zones, unless
the conditions of this Chapter are satisfied.
B.
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 City shall obtain, review and reasonably utilize
any base flood elevation or floodway data currently available from
Federal, State or other sources.
C.
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 City.
D.
All
new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes and other
developments shall require:
1.
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;
2.
Construction with materials resistant to flood damage;
3.
Utilization of methods and practices that minimize flood damages;
4.
All electrical, heating, ventilation, plumbing and 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.
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
6.
Subdivision proposals and other proposed new developments, 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.
E.
Storage Of Material And Equipment.
1.
The storage or processing of materials within the flood hazard area
that are in time of flooding buoyant, flammable, explosive or could
be injurious to human, animal or plant life is prohibited.
2.
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
flood warning.
[Ord. No. 1017 §1, 2-26-2001]
A.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data has been provided as set forth in Section 415.030(A), the following provisions are required:
1.
Residential construction. New construction or substantial
improvement of any residential structures, including manufactured
homes, shall have the lowest floor, including basement, elevated to
one (1) foot above base flood elevation.
2.
Non-residential construction. New construction or substantial improvement of any commercial, industrial or non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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 415.050(B)(9).
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 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; 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.
[Ord. No. 1017 §1, 2-26-2001]
A.
All
manufactured homes to be placed within all unnumbered and numbered
A Zones and AE Zones on the City'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 frame ties
to ground anchors.
B.
Require
manufactured homes that are placed within all unnumbered and numbered
A Zones and AE Zones on the City's FIRM on sites:
1.
Outside of a manufactured home park or subdivision,
2.
In a new manufactured home park or subdivision,
3.
In an expansion to an existing manufactured home park or subdivision,
or
4.
In an existing manufactured home park or subdivision on which a manufactured
home has incurred "substantial damage" as the result of a flood,
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be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated 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.
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C.
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 City's FIRM that are not subject to the provisions of Subsection (B) of this Section be elevated so that either:
1.
The lowest floor of the manufactured home is at one (1) foot above
the base flood level, or
2.
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.
[Ord. No. 1017 §1, 2-26-2001]
A.
Located within areas of special flood hazard as established and adopted 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 City has selected and adopted a floodway through Section 415.030(A) based on the principle that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface of that flood more than one (1) foot at any point.
2.
Accordingly, all encroachments, including fill, new construction,
substantial improvements and other development, within the floodway
are hereby prohibited unless it has been demonstrated in writing,
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 City during
the occurrence of the base flood discharge.
4.
In unnumbered A Zones the City shall obtain, review and reasonable utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Section 415.070(B).
[Ord. No. 1017 §1, 2-26-2001]
A.
The
City shall require that recreational vehicles placed on sites within
all unnumbered and numbered A Zones and AE Zones on the City's FIRM
either:
1.
Be on the site for fewer than one hundred eighty (180) consecutive
days,
2.
Be fully licensed and ready for highway use,* or
3.
Meet the permit requirements and the elevation and anchoring requirements
for manufactured homes of this Chapter.
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*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.
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[Ord. No. 1017 §1, 2-26-2001]
A.
Appeal Board — Establishment. The Board of Adjustment
as established by the City of Breckenridge Hills shall hear and decide
appeals and requests for variances from the requirements of this Chapter.
B.
Appeal Board — Responsibility.
1.
Where an application for a floodplain development permit or a 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.
[Ord. No. 1211 §6, 4-28-2014]
2.
The Board of Adjustment shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or determination
made by the Director of Public Works in the enforcement or administration
of this Chapter.
C.
Further Appeals. Any person or persons jointly or severally
aggrieved by any decision of the Board of Adjustment, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons or any officer, department, board or bureau of the
municipality, may present to the circuit court of the County or City
in which the property affected is located a petition, duly verified,
setting forth that such decision is illegal, in whole or in part,
specifying the grounds of the illegality.
D.
Floodplain Management Variance Criteria. In passing upon
such applications, 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 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 City;
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 and 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 items two (2) through
six (6) below have been fully considered. As the lot size increases
beyond the one-half (½) acre, the technical justification required
for issuing the variances increases.
2.
Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or 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 City shall notify the applicant in writing over the signature of
a City 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. 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 415.120(D) and Section 415.120(E) of this Chapter. 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.
1.
Use of the accessory structures must be solely for parking and limited
storage purposes in Zone A only as identified on the City's Flood
Insurance Rate Map (FIRM).
2.
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 415.070(D)(2) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 415.070(D)(1) 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.
4.
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 415.070(D)(4) of this Chapter.
5.
The accessory structures must meet all National Flood Insurance Program
(NFIP) opening requirements. The NFIP requires that enclosure or foundations
walls, subject to the 100-year flood, contain openings that will permit
the automatic entry and exit of floodwaters in accordance with Section
415.080(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management
floodway encroachment provisions of Section 415.100(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.
7.
Equipment, machinery or other contents must be protected from any
flood damage.
8.
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.
9.
A City shall notify the applicant in writing over the signature of
a City 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.
10.
Wet-floodproofing construction techniques must be reviewed and approved
by the City and a registered professional engineer or architect prior
to the issuance of any floodplain development permit for construction.
[Ord. No. 1017 §1, 2-26-2001]
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 upon 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 Breckenridge Hills
or any other appropriate authority from taking such other lawful action
as is necessary to prevent or remedy any violation.
[Ord. No. 1017 §1, 2-26-2001]
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 in interest and citizens shall have an opportunity to be heard.
Notice of the time and place of such hearing shall be published in
a newspaper of general circulation in the City of Breckenridge Hills.
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.
