[CC 1979 App. D, Art. 4 §A; Ord. No. 87-21 Art. IV §A, 9-1-1987]
A. 
A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 425.060. No person, firm, or corporation or unit of Government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article II. Application for a Development Permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures.
2. 
Elevation in relation to mean sea level to which any non-residential structure is to be floodproofed.
3. 
Certification from a registered professional Engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 425.180(2).
4. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[CC 1979 App. D, Art. 4 §B; Ord. No. 87-21 Art. IV §B, 9-1-1987]
The Building Inspector is hereby appointed to administer and implement the provisions of this Chapter, by granting or denying Development Permit applications in accordance with its provisions.
[CC 1979 App. D, Art. 4 §C; Ord. No. 87-21 Art. IV §C, 9-1-1987; Ord. No. 96-49 §1, 10-15-1996]
A. 
Duties of the Building Inspector shall include, but not be limited to:
1. 
Review all Development Permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
2. 
Review 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.
3. 
When base flood elevation data has not been provided in accordance with Article III, Section 425.070, then the Building Inspector shall obtain, review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source, in order to administer the provisions of Article V.
4. 
Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures.
5. 
Verify, record and maintain record of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
6. 
When floodproofing is utilized for a particular structure the Building Inspector shall obtain certification from a registered professional engineer or architect.
7. 
Notify adjacent communities and the Missouri Department of Natural Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the State Emergency Management Agency.
8. 
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
9. 
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Chapter.
[CC 1979 App. D, Art. 4 §D; Ord. No. 87-21 Art. IV §D, 9-1-1987]
A. 
The floodplain appeal Board as established by Neosho City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter.
B. 
The floodplain appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this Chapter.
C. 
Any person aggrieved by the decision of the floodplain appeal Board or any taxpayer may appeal such decision to the Newton County Circuit Court as provided in the Statutes of the State of Missouri.
D. 
In passing upon such application, the floodplain appeal Board shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and:
1. 
The danger that materials may be swept onto other lands to the injury of others;
2. 
The danger to life and property due to flooding or erosion damage;
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 community;
5. 
The necessity to the facility to a waterfront location, where applicable;
6. 
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship to the proposed use of 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 and the flood waters and the effects of wave action, if applicable, expected at the site;
11. 
The costs of providing governmental services during and after flood condition gas, electrical, and water systems, and streets and bridges.
E. 
Conditions for 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 (2) through (6) below, have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
2. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.
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. 
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.