[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.