[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.
[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.
[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.
[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)Â
All such proposals are consistent with the need to minimize
flood damage;
(2)Â
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(3)Â
Adequate drainage is provided so as to reduce exposure to flood
hazards; and
(4)Â
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)Â
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)Â
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.
[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.
[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)Â
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)Â
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.
[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.
[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.
[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.
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.
BASEMENT
Any area of the building 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 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.
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 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.Â
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.Â
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.Â
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.Â
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
a.Â
By an approved State program as determined by the Secretary
of the Interior; or
b.Â
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) for a community issued by the Federal Emergency Management
Agency (FEMA).
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.Â
Built on a single chassis;
2.Â
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
3.Â
Designed to be self-propelled or permanently towable by a light-duty
truck; and
4.Â
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 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.Â
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.Â
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.