[CC 1979 App. D Art. 3 §A; Ord. No. 87-21 Art. III §A, 9-1-1987; Ord. No. 450-2010 §1, 11-16-2010]
This Chapter shall apply to all lands within the jurisdiction of the City of Neosho, Missouri identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Newton County, Missouri on map panels 29145C0167E, 29145C0169E, 29145C0175E, 29145C0188E, 29145C0190E, 29145C0281E, 29145C0282E, 29145C0283E, 29145C0284E, 29145C0292E, 29145C0301E, and 29145C0325E, dated November 26, 2010, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit granted by the City Council or its duly designated representative under such safeguards and restrictions as the City Council 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 V.
[CC 1979 App. D Art. 3 §B; Ord. No. 87-21 Art. III §B, 9-1-1987; Ord. No. 95-11 §1, 3-7-1995; Ord. No. 450-2010 §1, 11-16-2010]
A. 
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 which consist of a series of interrelated steps.
1. 
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for Newton County, Missouri, dated November 26, 2010, as amended, and any future revisions thereto.
2. 
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.
3. 
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
4. 
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
5. 
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
[CC 1979 App. D Art. 3 §C; Ord. No. 87-21 Art. III §C, 9-1-1987]
A. 
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations.
B. 
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 grants of variances or special exceptions) 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) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
C. 
Nothing herein contained shall prevent the City of Neosho or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[CC 1979 App. D Art. 3 §D; Ord. No. 87-21 Art. III §D, 9-1-1987]
This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[CC 1979 App. D Art. 3 §E; Ord. No. 87-21 Art. III §E, 9-1-1987]
A. 
In the interpretation and application of this Chapter, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Liberally construed in favor of the Governing Body; and
3. 
Deemed neither to limit nor repeal any other powers granted under State Statutes.
[CC 1979 App. D Art. 3 §F; Ord. No. 87-21 Art. III §F, 9-1-1987]
The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Neosho or by any officer or employee thereof for any flood damages that results from reliance on this Chapter or any administrative decision lawfully made thereunder.