[Ord. No. 23-059, 9-5-2023]
A. Statutory Authorization. The Legislature of the State of Missouri has in Section 79.110, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare of the public. Therefore, the Board of Aldermen of the City of Ozark, Missouri, have adopted Chapter
415 pursuant to said authority.
B. Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Ozark, 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:
a. The cumulative effect of development in any delineated floodplain
causing increases in flood heights and velocities; and
b. The occupancy of flood hazard areas by uses vulnerable to floods,
hazardous to others, inadequately elevated, or otherwise unprotected
from flood damages.
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, which consist of a series of interrelated
steps.
a.
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. The base flood
is the flood that is estimated to have a one percent (1%) chance of
being equaled or exceeded in any given year as delineated on the Federal
Insurance Administrator's FIS, and illustrative materials for
Christian County, dated November 2, 2023, as amended, and any future
revisions thereto.
b.
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.
4.
Computation of a floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
5.
Delineation of floodway encroachment lines within which no development
is permitted that would cause any increase in flood height.
6.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
C. Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare of the public; to minimize those losses described in Section
415.010(B)(1); to establish or maintain the community'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 that 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
the intended development purposes due to the flood hazard.
[Ord. No. 23-059, 9-5-2023]
A. Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Ozark, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Map (FIRM) panel numbers 29043C0067D, 29043C0069D, 29043C0078D, 29043C0079D, 29043C0080D, 29043C0085D, 29043C0086D, 29043C0087D, 29043C0088D, 29043C0089D, 29043C0093D, 29043C0230D, 29043C0235D dated November 2, 2023, 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 Section
415.040.
B. 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.
C. 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.
D. 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 Missouri
Statutes.
E. 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 man-made 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 Ozark, any officer or
employee thereof, for any flood damages that may result from reliance
on this Chapter or any administrative decision lawfully made thereunder.
F. 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.
[Ord. No. 23-059, 9-5-2023]
A. Floodplain Development Permit. 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
415.020(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.
B. Designation Of Floodplain Administrator And Implementation Of The
Floodplain Management Ordinance. The Mayor shall appoint a representative
of the Planning and Development Department to administer and implement
the provisions of this Chapter.
C. Duties And Responsibilities Of Floodplain Administrator. Duties of
the Floodplain Administrator, shall include, but not be limited to:
1.
Review of all applications for 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 applications for floodplain development permits
for proposed development to assure that all necessary permits have
been obtained from 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 Missouri State Emergency
Management Agency (MoSEMA) prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency (FEMA);
6.
Assure that the flood carrying capacity is not diminished and
shall be maintained within the altered or relocated portion of any
watercourse;
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 the new or substantially improved non-residential
structures have been floodproofed; and
9.
When floodproofing techniques are utilized for a particular
non-residential structure, the Floodplain Administrator shall require
certification from a Missouri registered professional engineer or
architect.
D. Application For Floodplain Development Permit. 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 and tract, 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 fair market value of the structure and the fair
market value of the improvement;
5.
Specify whether development is located in designated flood fringe
or 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 Floodplain Administrator;
8.
Be accompanied by plans and specifications for 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. 23-059, 9-5-2023]
A. General Standards.
1.
No permit for floodplain development shall be granted for new
construction, substantial improvements, and other improvements, including
the placement of manufactured homes, within any numbered or unnumbered
A Zones and AE Zones, unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation of the one percent (1%) annual chance (also known as
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
community shall obtain, review, and reasonably utilize any base flood
elevation or floodway data currently available from Federal, State,
or other sources.
3.
Until a floodway is designated, no new construction, substantial
improvements, or other development, including fill, shall be permitted
within any numbered A Zones or AE Zones on the community's 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 community.
4.
All new construction, subdivision proposals, substantial improvements,
prefabricated structures, placement of manufactured homes, and other
developments shall require:
a.
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;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, 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;
e.
New or replacement water supply systems and/or sanitary sewage
systems be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood
waters, and on-site waste disposal systems be located so as to avoid
impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1) All such proposals are consistent with the need
to minimize flood damage;
(2) All public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure
to flood hazards; and
(4) All proposals for development, including proposals
for manufactured home parks and subdivisions, greater than fifty (50)
lots or five (5) acres, whichever is lesser, include within such proposals
base flood elevation data.
5.
Storage, Material, And Equipment.
a.
The storage or processing of materials within the special flood
hazard area that are in time of flooding buoyant, flammable, explosive,
or could be injurious to human, animal, or plant life is prohibited.
b.
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
a flood warning.
6.
Accessory Structures. Structures used solely for parking and
limited storage purposes, not attached to any other structure on the
site, of limited investment value, and not larger than four hundred
(400) square feet, may be constructed at-grade and wet-floodproofed
provided there is no human habitation or occupancy of the structure;
the structure is of single-wall design; the accessory structure meets
the following floodplain management requirements; and a floodplain
development permit has been issued.
7.
Critical Facilities.
a.
All new or substantially improved critical non-residential facilities,
including, but not limited, to governmental buildings, police stations,
fire stations, hospitals, orphanages, penal institutions, communication
centers, water and sewer pumping stations, water and sewer treatment
facilities, transportation maintenance facilities, places of public
assembly, emergency aviation facilities, and schools shall be elevated
above the 500-year flood level or together with attendant utility
and sanitary facilities, be floodproofed so that below the 500-year
flood level 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 the National Flood Insurance Program
(NFIP) regulations.
b.
All critical facilities shall have access routes that are above
the elevation of the 500-year flood.
c.
No critical facilities shall be constructed in any designated
floodway.
8.
Non-Conforming Use. A structure, or the use of a structure or
premises that was lawful before the passage or amendment of the Chapter,
but which is not in conformity with the provisions of this Section,
may be continued subject to the following conditions:
a.
If such structure, use, or utility service is discontinued for
twelve (12) consecutive months, any future use of the building shall
conform to this Section.
b.
If any non-conforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more
than fifty percent (50%) of the pre-damaged market value of the structure.
This limitation does not include the cost of any alteration to comply
with existing State or local health, sanitary, building, safety codes,
regulations or the cost of any alteration of a structure listed on
the National Register of Historic Places, the State Inventory of Historic
Places, or local inventory of historic places upon determination.
B. Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Section
415.040(A)(2), the following provisions are required:
a.
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. The elevation of the lowest floor shall
be certified by a Missouri licensed land surveyor, engineer, or architect.
b.
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or other 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 watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A Missouri 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 Sections
415.030(C)(7),
(8), and
(9).
c.
Enclosures Below Lowest Floor. Require, for all new construction
and substantial improvements that fully enclosed areas below 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 flood waters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the
following minimum criteria:
(1) 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 shall be provided; and
(2) The bottom of all opening 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 flood waters.
C. Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and
numbered A Zones and AE Zones, on the community'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 flotation, collapse, or lateral
movement. Methods of anchoring, may include, but are not limited to,
use of over-the-top or frame ties to ground anchors.
2.
Require manufactured homes that are placed or substantially
improved within unnumbered or numbered A Zones and AE Zones, on the
community's FIRM on sites:
a.
Outside of manufactured home park or subdivision;
b.
In a new manufactured home park or subdivision;
c.
In an expansion to an existing manufactured home park or subdivision;
or
d.
In an existing manufactured home park or subdivision on which
a manufactured home has incurred "substantial-damage" as the result
of a flood, be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated to 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.
The elevation of the lowest floor shall be certified by a Missouri
licensed land surveyor, engineer, or architect.
3.
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 community's FIRM, that are not subject to the provisions of Section
415.040(C)(2) of this Chapter, be elevated so that either:
a.
The lowest floor of the manufactured home is at one (1) foot
above the base flood level; or
b.
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.
D. Floodway. Located within areas of special flood hazard established in Section
415.020(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one (1) foot at
any point.
2.
The community shall prohibit any encroachments, including fill,
new construction, substantial improvements, and other development
within the adopted regulatory floodway unless it has been demonstrated
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 community
during the occurrence of the base flood discharge.
3.
A community may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations,
provided that the community first applies for a conditional FIRM and
Floodway revision, fulfills the requirements of such revisions as
established under the provisions of 44 CFR § 65.12, and
receives the approval of FEMA.
4.
If Section
415.040(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section
415.040.
5.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section
415.040(A)(2).
E. Recreational Vehicles.
1.
Require that recreational vehicles placed on sites within all
unnumbered and numbered A Zones, and AE Zones on the community's
FIRM either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive
days;
b.
Be fully licensed and ready for highway use*; or
c.
Meet the permitting, elevation, and anchoring requirements for
manufactured homes of this Chapter.
*
|
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.
|
[Ord. No. 23-059, 9-5-2023]
A. Establishment Of Appeal Board. The Board of Aldermen as established
by the City of Ozark shall hear and decide appeals and requests for
variances from the floodplain management requirements of this Chapter.
B. Responsibility Of Appeal Board.
1.
Where an application for a floodplain development permit or 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 Appeal Board, as defined in Section
415.050(A).
2.
The 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 Floodplain Administrator in the enforcement or administration
of this Chapter.
C. Further Appeals. Any person aggrieved by the decision of the Appeal
Board or any taxpayer may appeal such decision to the Christian County
Circuit Court as provided in Section 89.110, RSMo.
D. Floodplain Management Variance Criteria. In passing upon such applications
for variances, the Appeal Board shall consider all technical data
and evaluations, all relevant factors, standards specified in other
Sections of this Chapter, and the following criteria:
1.
Danger to life and property due to flood damage;
2.
Danger that materials may be swept onto other lands to the injury
of others;
3.
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
4.
Importance of the services provided by the proposed facility
to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations, not subject to flood
damage, for the proposed use;
7.
Compatibility of the proposed use with existing and anticipated
development;
8.
Relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9.
Safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters, if applicable, expected at the site;
and
11.
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; 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 (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections
(E)(2) through
(6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the repair or rehabilitation of
structures listed on the National Register of Historic Places, 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 and the
variance is the minimum necessary to preserve the historic character
and design of the structure.
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 community shall notify the applicant, in writing, over the
signature of a community 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.
|
7.
A community shall maintain a record of all variance actions,
including justification for their issuance.
8.
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of Subsection
(E)(1) through
(5) of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F. Conditions For Approving Variances Of Accessory Structures.
1.
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 Sections
415.050(D) and
(E) of this Chapter.
2.
In order to minimize flood damages during the one percent (1%)
annual chance flood event, also referred to as the 100-year flood
and the threat to public health and safety, the following conditions
shall be required for any variance issued for accessory structures
that are constructed at-grade and wet-floodproofed:
a.
Use of the accessory structures must be solely for parking and
limited storage purposes in any special flood hazard area as identified
on the community's FIRM.
b.
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
415.040(A)(4)(b) of this Chapter.
c.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section
415.040(A)(4)(a) 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.
d.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section
415.040(A)(4)(d) of this Chapter.
e.
The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Section
415.040(B)(1)(c) of this Chapter.
f.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section
415.040(D)(2) of this Chapter. No permits may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
g.
Equipment, machinery, or other contents must be protected from
any flood damage.
h.
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.
i.
A community shall notify the applicant, in writing, over the
signature of a community official that:
(1)
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
(2)
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.
|
j.
Wet-floodproofing construction techniques must be reviewed and
approved by the community and registered professional engineer or
architect prior to the issuance of any floodplain development permit
for construction.
[Ord. No. 23-059, 9-5-2023]
A. 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, firm, corporation, or other
entity that 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.
B. A structure or other development without a floodplain development
permit or other evidence of compliance is presumed to be in violation
until such documentation is provided.
C. The imposition of such fines or penalties for any violation for non-compliance
with this Chapter shall not excuse the violation or non-compliance
or allow it to continue. All such violations or non-compliant actions
shall be remedied within an established and reasonable time.
D. Nothing herein contained shall prevent the City of Ozark or other
appropriate authority from taking such other lawful action as is necessary
to prevent or remedy any violation.
[Ord. No. 23-059, 9-5-2023]
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 of 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 Ozark. 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.
[Ord. No. 23-059, 9-5-2023]
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.
BASE FLOOD ELEVATION
The elevation of the surface of the water during a one percent
(1%) annual chance flood event.
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 man-made 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 purpose 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 HAZARD MAP
The document adopted by the governing body showing the limits
of:
5.
Other geographic features.
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:
1.
The overflow of inland waters;
2.
The unusual and rapid accumulation or runoff of surface waters
from any source; and
3.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood, or by some similarly unusual and unforeseeable
event which results in flooding as defined above in item (1).
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventative
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 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 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) or the), 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 such 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).
NUMBERED A ZONE
A special flood hazard area where the Flood Insurance Rate
Map shows the Base Flood Elevation.
PARTICIPATING COMMUNITY
Also known as an "eligible community," a community in which
the Administrator has authorized the sale of flood insurance.
PERMIT
A signed document from a designated community official authorizing
development in a floodplain, including all necessary supporting documentation
such as:
2.
An elevation certificate; and
3.
Any other necessary or applicable approvals or authorizations
from local, State or Federal authorities.
PERSON
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.
REASONABLY SAFE FROM FLOODING
Base flood waters will not inundate the land or damage structures
to be removed from the SFHA and that any subsurface waters related
to the base flood will not damage existing or proposed buildings.
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 an 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 (1st) 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 (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.
STATE COORDINATING AGENCY
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.
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 definition).
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 assure 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."
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration, or improvement
to a building, taking place for 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 assure 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."
UNNUMBERED A ZONE
A special flood hazard area shown on either a flood hazard
boundary map or flood insurance rate map where the base flood elevation
is not determined.
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
complaint with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certification, 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.