City of Ozark, MO Chapter 415 Floodplain Management

Cross Reference — As to adoption of design guidelines for new and existing construction, §410.031.

Editor's Note — Ord. no. 09-012 §1, adopted April 6, 2009, repealed title IV in its entirety. See editor's note at ch. 400 for information on former ordinances.

Section 415.010 Statutory Authorization, Findings of Fact and Purposes.

[Ord. No. 09-012 §1, 4-6-2009]

A. Statutory Authorization. The legislature of the State of Missouri has in Section 89.020, RSMo., delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Ozark, Missouri, ordains as follows.

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.

C. Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Section B(1) of this Section; 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(b) 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.

Section 415.020 General Provisions.

[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-037 §1, 12-6-2010]

A. Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Ozark identified as unnumbered A Zones on the Flood Insurance Rate Map (FIRM) for Christian County dated December 17, 2010 on map panel numbers 29043C0070C, 29043C0080C, 29043C0085C, 29043C0090C, 29043C0095C, 29043C0230C and 29043C0235C as amended and any future revisions thereto. In all areas cover 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 City and as specifically noted in Section 415.040.

B. Floodplain Administrator. The Planning and Zoning Commission shall appoint a representative of the Planning and Development Department to serve as the Floodplain Administrator.

C. Compliance. No development located within the special flood hazard area of this community 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 the intent of 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.

E. 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 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 unnumbered A Zones 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 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.

G. 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.

H. Guidance For Unnumbered A Zones. In dealing with Flood Hazard Boundary Maps (FHBM) and Flood Insurance Rate Maps (FIRM), flood areas designated as "Zone A" may be encountered. When converting to the regular phase of the National Flood Insurance Program (NFIP), the FIRM for the community may show the special flood hazard areas without assigned 100-year base flood elevations. The lack of elevations on the flood maps does not remove the requirement for elevating structures. The City is required under Section 60.3(b)(4) of the NFIP regulations or local floodplain ordinance/resolutions to obtain, review and reasonably use any base flood elevation (BFE) and floodway data available from a Federal, State or other source. These data are to be used by the City to require that:

1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood level; and

2. All new construction and substantial improvements of non-residential structures have the lowest floor (including basement) elevated or floodproofed to or above the base flood elevation.

Section 415.030 Administration and Implementation of the Floodplain Management Ordinance.

[Ord. No. 09-012 §1, 4-6-2009]

A. Floodplain Development Permit (Required). 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. The Planning and Zoning Commission shall appoint a representative of the Planning and Development Department to administer and cause to be implemented 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 State Emergency Management Agency (SEMA) 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 maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;

7. Where base flood elevation from other sources is utilized within unnumbered A Zones:

a. 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;

b. 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;

c. When floodproofing techniques are utilized for a particular non-residential structure, the Building Inspector shall require certification from a registered professional engineer or architect.

8. Sign and submit all reports, including the biennial report, required by FEMA and file them for subsequent inspection; and

9. Investigate all complaints within fifteen (15) working days of receiving the complaint.

Section 415.040 Provisions for Flood Hazard Reduction.

[Ord. No. 09-012 §1, 4-6-2009]

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 unnumbered A Zone 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 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. All new construction, subdivision proposals, substantial improvements, prefabricated buildings, 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 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

f. Subdivision proposals and other 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, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

4. 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.

5. Accessory structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited invested 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; a variance has been granted from the standard floodplain management requirements of this Section; and a floodplain development permit has been issued.

6. 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 watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect 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 415.030(C)(7)(c).

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.

7. Non-conforming use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of this 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.

8. Filling, grading, channelizing and/or excavating within designated flood hazard zones as indicated on the Flood Insurance Rate Maps (FIRM) may require the applicant to provide one (1) of the studies listed in Section 415.050, Subsection (E) of this Chapter to the Department of Planning and Development when applicable.

B. Specific Standards.

1. In all areas of special flood hazard, once base flood elevation is obtained 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 structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or one* (1) foot above flood level.

* The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.

b. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or one* (1) foot above the base flood level or, together with the attendant utility and sanitary facilities, be floodproofed so that below the base flood level 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 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 415.030(C)(7)(c).

* The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to qualify for flood insurance rates based upon floodproofing.

c. 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 floodwaters. 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 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.

2. In all areas of special flood hazard, once floodway data is obtained as set forth in Section 415.040(A)(2), the following provisions are required:

a. The designated floodway shall be based on the standard that the area chosen for the floodway must be designed to carry the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point; and

b. The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other developments, within the designated 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.

C. Manufactured Homes.

1. All manufactured homes to be placed within special flood hazard areas 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 A 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 or one* (1) foot above the base flood level and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

* The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.

3. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A 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 or 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.

* The FEMA, Region VII office recommends elevating to one (1) foot above the base flood elevation to accommodate floodway conditions when the floodplain is fully developed.

D. Recreational Vehicles. Require that recreational vehicles placed on sites within unnumbered A Zones on the community's FIRM either:

1. Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use**; or

2. Meet the permitting, elevating and the 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.

Section 415.050 Floodplain Development Permitting Procedures.

[Ord. No. 09-012 §1, 4-6-2009]

A. Floodplain Development Permits. The City Of Ozark has established a floodplain development permit system regulating all floodplain development activities within its City limits as stated in Section 415.040 of this Chapter. Floodplain development permits are required when any activity listed in this Chapter is proposed in a designated flood hazard zone as defined on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs).

B. Approval Of Floodplain Development Permit. Approval of the floodplain development permit application shall allow the applicant to proceed with the activity for which the permit was granted as long as such activity follows all of the provisionary Code of Ordinances of the City of Ozark relating to floodplain development.

C. Denial Of Floodplain Development Permit. Denial of the floodplain development permit application shall prohibit the applicant from proceeding with the activity for which the permit was requested. The applicant may appeal this decision or request a variance in accordance with the regulations in Section 415.060 of this Chapter.

D. Application For Floodplain Development Permits. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form provided by the Department of Planning and Development for that purpose. Information required for floodplain development permits are as follows:

1. Description of 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 building or work; and

2. Description of the work to be covered by the floodplain development permit; and

3. Indication of the use or occupancy for which the proposed work is intended; and

4. Indication of the assessed value of the structure and the fair market value of the improvement; and

5. The applicant's registered surveyor and/or engineer shall provide data indicating the existing and proposed base flood elevation (BFE) for the development. The City's Floodplain Administrator will not be responsible for determining the BFE; and

6. Reviews from other parties or agencies if applicable; and

7. Plans, construction drawings, BFE or other specifications, if applicable, shall be submitted with the stamp of a registered surveyor and/or engineer; and

8. The signature of the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.

E. Floodplain Permit Supporting Documents. The developer is required to perform an engineering study to develop base flood elevations (BFEs) for all subdivisions that contain either a floodplain and/or floodway. Such data shall be stamped by a Missouri registered engineer.

A "no-rise certificate" will be required if the proposed development is in a floodway. This certificate may be a written statement from a professional engineer stating no increase in flood height will be caused from development. This certificate must be completed before the Floodplain Administrator can issue a floodplain permit.

The applicant may be required, when applicable, to provide supplemental information supporting the application for a floodplain permit. These documents shall be stamped and signed by a certified surveyor, engineer and/or architect including, but not limited to, the following:

1. Floodproofing certificates;

2. Certificates of elevation;

3. No-rise certificates (required for all development proposals within floodways);

4. Letter of map revision (LOMR);

5. Letter of map amendment (LOMA).

F. Damage Assessment Procedures. Regarding damage assessment for floodplain administrative procedures, refer to Christian County Natural Hazard Mitigation Plan.

G. Inspections. All submitted information will be reviewed by the Floodplain Administrator to ensure that the development site and associated floodplain data conform to the standard of this Chapter; the first (1st) inspection will be conducted by the City's Building Department to determine if the lowest floor conforms to the BFE established by the applicant's engineer and if construction is proceeding according to plans. The second (2nd) inspection will determine if the construction was completed according to the approved plans including anchoring, openings, materials used, etc.

H. Enforcement Action. Should there be violations, the applicant and/or his/her on-site contractor will be informed both verbally and in writing by a representative of the City's Department of Code Enforcement. The inspection report will provide a timetable for correcting deficiencies. If no action is taken within the designated timetable, the City's Department of Code Enforcement may issue a stop work order until the deficiency is corrected. Should a permit applicant wish to appeal a decision of the Department of Code Enforcement, they may appeal to the Floodplain Administrator.

I. Tracking And Recording Floodplain Development Permits. The Department of Planning and Development shall establish and keep on file the records pertaining to floodplain management activities in the City Of Ozark. Files will consist of both blank and completed forms including, but not limited to, development permits, certificates of elevation, no-rise certificates, letters of map revision, letters of map amendments, floodproofing certificates and documents and floodplain variances granted by the Appeal Board.

Section 415.060 Variance and Appeals Procedures.

[Ord. No. 09-012 §1, 4-6-2009]

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 file an application for appeal with the Appeal Board as defined in Subsection (A) above.

2. The Board of Aldermen 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 Board of Aldermen or any taxpayer may appeal such decision to the Circuit Court as provided in Section 89.110, RSMo.

D. Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Aldermen 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 the 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 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, 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 (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, 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 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 Section.

F. Conditions For Approving Variances For Accessory Structures.

1. Any variances 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 Subsections (D) and (E) of this Section.

2. 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.

a. Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (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)(3)(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)(3)(a) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatics, buoyancy and hydrodynamic and debris impact forces.

d. Any mechanical, electric 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)(3)(d) of this Chapter.

e. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters 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(B)(2)(b) 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.

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.

G. Conditions For Approving Variances For Temporary Structures. Any variances granted for a temporary 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 Subsections (D) and (E) of this Section.

1. A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:

a. Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards;

b. Denial of the temporary structure permit will create an undue hardship on the property owner;

c. The community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and

d. The community has sufficient staff to monitor the placement, use and removal of the temporary structure throughout the duration of the permit.

2. Once all of the above conditions are met, an application for a special use permit must be made to the Board of Aldermen. The Board of Aldermen shall consider all applications for special use permits for a temporary structure based on the following criteria:

a. The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted Federal Emergency Management Agency/National Flood Insurance Program map shall require an approved special use permit. The special use permit shall be valid for a period not to exceed one hundred eighty (180) days.

b. Special use permit applications, for a temporary structure to be located in special flood hazard ares, shall conform to the standard public hearing process prior to any community action on the permit request.

c. An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment and the relocation and disconnection of all utilities shall be required as part of the special use permit application for placement of any temporary structure.

d. On or before the expiration of the end of the one hundred eighty (180) day special use permit, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication and electrical services, shall be disconnected.

e. To ensure the continuous mobility of the temporary structure for the duration of the permit, the temporary structure shall retain its wheels and tires, licenses and towing appurtenance on the structures at all times.

f. Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the community and as specified in the emergency removal plan.

g. Location of any temporary structure within the regulatory floodway requires the provision of a "no-rise" certificate by a registered professional engineer.

h. Violation of or non-compliance with any of the stated conditions of the special use permit during the term thereof shall make the permit subject to revocation by resolution of the Governing Body of the community. Issuance of permit revocation notice shall be made to the landowner, the occupant of the land and to the general public.

i. Any deviation from the approved site plan shall be deemed a violation of the special use permit approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any violation, all permitted special uses shall be deemed a violation of this Section and shall be illegal, non-conforming uses and shall be summarily removed and abated.

j. If the temporary structure is to be returned to its previously occupied site, the process for issuing a special use permit must be repeated in full. Any subsequent permit shall be valid for one hundred eighty (180) days only.

Section 415.070 Penalties for Violation.

[Ord. No. 09-012 §1, 4-6-2009]

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 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 this case. Each day such violation continues shall be considered a separate offense.

B. 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.

Section 415.080 Amendments.

[Ord. No. 09-012 §1, 4-6-2009]

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.

Section 415.090 Definitions.

[Ord. No. 09-012 §1, 4-6-2009]

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.

100-YEAR FLOOD

See "BASE FLOOD".

ACCESSORY STRUCTURE

The same as "APPURTENANT STRUCTURE".

ACTUARIAL RATES

See "RISK PREMIUM RATES".

ADMINISTRATOR

The Federal Insurance Administrator.

AGENCY

The Federal Emergency Management Agency (FEMA).

AGRICULTURAL COMMODITIES

Agricultural products and livestock.

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.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BUILDING

See "STRUCTURE".

CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL

The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.

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 manmade 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.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY

A community for which the Administrator has authorized sale of flood insurance under the National Flood Insurance Program (NFIP).

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 OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or the unusual and rapid accumulation or runoff of surface waters from any source.

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 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.

FLOODPLAIN OR FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see "FLOODING").

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.

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.

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 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".

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP

The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARKET VALUE OR FAIR MARKET VALUE

An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL

For purposes for 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).

PARTICIPATING COMMUNITY

Also known as an "eligible community", a community in which the Administrator has authorized the sale of flood insurance.

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.

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.

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 FLOOD HAZARD AREA

See "AREA OF SPECIAL FLOOD HAZARD".

SPECIAL HAZARD AREA

An area having special flood hazards and shown on an FHBM or FIRM as Zones (unnumbered and numbered) A, AO, AE or AH.

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 buildings, 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 pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

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:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications that have been identified by the local Code Enforcement Official and which are the minimum 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".

TEMPORARY STRUCTURE

A structure permitted in a district for a period not to exceed one hundred eighty (180) days and is required to be removed upon the expiration of the permit period. Temporary structures may include recreational vehicles, temporary construction offices or temporary business facilities used until permanent facilities can be constructed, but at no time shall it include manufactured homes used as residences.

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.