[Ord. No. 1511 §1, 2-20-2001]
(a)
The flood hazard areas of St. Louis County, Missouri, are subject
to periodic 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. These flood losses
are caused by the cumulative effect of obstructions in flood plains
causing increases in flood heights and velocities and by the occupancy
of flood hazard areas by uses vulnerable to floods or hazardous to
other lands which are inadequately elevated, floodproofed, or otherwise
protected from flood damages.
(b)
This Section is therefore necessary to protect human life and health;
to minimize expenditure of public money for costly flood control projects;
to minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
to minimize prolonged business interruptions; to minimize damage to
public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
and to help maintain a stable tax base by providing for the sound
use and development of flood-prone areas in such a manner as to minimize
future flood blight areas.
(c)
It is the purpose of this Section to promote the public health, safety
and general welfare and to minimize public and private losses due
to flood conditions in specific areas by provisions designed to restrict
or prohibit uses which are dangerous to health, safety and property
due to water or erosion or in flood heights or velocities; to require
that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
to control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the accommodation
of floodwaters; and to control filling, grading, dredging, and other
development which may increase erosion or flood damage.
[Ord. No. 1511 §1, 2-20-2001]
(a)
This Section contains the regulations for the "FP" Floodplain District
of St. Louis County. Property zoned "FP" is also zoned under another
applicable district governed by the St. Louis County zoning ordinance.
The "FP" District constitutes an "overlay" district, and the other
applicable zoning district constitutes the underlying zoning. This
Section controls in the case of any conflict between the regulations
contained in this Section and the regulations otherwise applicable
to any property by virtue of its "underlying" zoning.
(b)
All of the area within the "FP" District is the floodplain, as defined
in this Chapter, and is subject to all of the provisions of this Section.
A portion of the area within this district is designated as the floodway,
as established by the maps applicable to this district. Property within
the floodway is subject to those provisions of this Section which
so state.
[Ord. No. 1511 §1, 2-20-2001]
The following land uses and developments are permitted in this
district:
(1)
Boat docks for other than commercial or industrial use.
(2)
Farming.
(3)
Golf courses.
(4)
Hunting, fishing, and propagation of wildlife.
(5)
Local public utility facilities of one hundred thousand (100,000)
cubic feet in volume or less, provided that any installation shall
be:
(a)
Adequately screened with landscaping, fencing or walls, or any
combination thereof, or
(b)
Placed underground, or
(c)
Enclosed in a structure in such a manner so as to blend with
and complement the character of the surrounding area.
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All plans for screening these facilities shall be submitted
to the Department of Planning for review. No building permit or installation
permit shall be issued until these plans have been approved by the
Department of Planning.
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(6)
Public parks.
(7)
Scenic areas.
(8)
Swimming pools.
(9)
Wildlife refuge.
(10)
Portions of single-family lots when a contiguous area is provided for each lot which is either out of the floodplain or removed from flooding in accordance with Section 23-28.5 of this Article or both, provided that such contiguous area must provide the minimum lot area required by the applicable zoning district or special procedure permit or one (1) acre, whichever is less.
[Ord. No. 1511 §1, 2-20-2001]
The following land uses and developments may be permitted under
conditions and requirements specified in Section 1003.181 Conditional
Use Permits of the St. Louis County zoning ordinance:
(1)
Airports, heliports and landing strips.
(2)
Drive-in theaters.
(3)
Extraction of raw materials from the earth and processing thereof,
but not including manufacture of a product.
(4)
Facilities for the composting of yard wastes.
(5)
Local public utility facilities over one hundred thousand (100,000)
cubic feet in volume.
(6)
Outdoor rifle and archery ranges.
(7)
Port and dock facilities.
(8)
Public utility facilities.
(9)
Railroad tracks and associated structures.
(10)
Recreational uses such as athletic fields and picnic grounds.
[Ord. No. 1511 §1, 2-20-2001]
The following land uses and developments, if permitted or conditional
uses in the underlying zoning district applicable to the property,
may be authorized in this district under conditions and requirements
specified in Section 1003.181 Conditional Use Permits of the St. Louis
County zoning ordinance:
[Ord. No. 1511 §1, 2-20-2001]
Subject to compliance with the procedures of this Section, accessory
buildings, structures and uses are permitted in conjunction with a
permitted land use or development or (unless restricted by applicable
condition) a conditional land use or development when such accessory
building, structure or use is customarily found in conjunction with
the primary use, is a reasonably necessary incident to the primary
use, is clearly subordinate to the primary use, and serves only to
further the successful utilization of the primary use. Accessory uses
include the following:
(1)
Devices for the generation of energy, such as solar panels, wind
generators or similar devices.
(2)
Individual sewage treatment facilities serving an individual non-residential
use, as approved by the appropriate regulatory agency. The sewage
treatment facilities shall not exceed five thousand (5,000) gallons
per day flow.
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Accessory uses in this district do not include residences.
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[Ord. No. 1511 §1, 2-20-2001]
All uses in the "FP" Floodplain District shall operate in conformity
with the appropriate performance standards contained in Section 1003.163
Zoning Performance Standard Regulations of the St. Louis County zoning
ordinance.
[Ord. No. 1511 §1, 2-20-2001]
The total height of any structure shall not exceed that permitted
in the underlying zoning district, except where the use of the property
includes structures restricted in height by the requirements of a
conditional use permit.
[Ord. No. 1511 §1, 2-20-2001]
The minimum lot area and yard requirements for land uses in
the "FP" Floodplain District shall be as set out below:
(1)
Minimum Lot Area Requirement.
(a)
The following permitted land uses shall be situated on tracts
of land providing not less than the following areas:
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Use
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Minimum Area
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|---|---|---|
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Farming
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20 acres
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Golf courses
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5 acres
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(b)
Permitted and conditional land uses shall be situated on tracts
of not less than the minimum lot area required by the provisions of
the underlying zoning district regulations.
(2)
General Yard Requirements.
(a)
Front yard. No structure shall be allowed within
twenty-five (25) feet of any roadway right-of-way line.
(3)
Specific Yard Requirements And Exceptions.
(a)
Notwithstanding any other provision of this Chapter, on corner
lots, no structure or plant material exceeding three (3) feet in height
above the elevation of the street pavement is allowed within the sight
distance triangle.
(b)
Permitted information signs, six (6) feet or less in height,
are allowed within the minimum front yard setback.
(c)
Permitted directional signs, three (3) feet or less in height,
are allowed within the minimum front yard setback.
(d)
Any structure, other than a public utility tower authorized
by a conditional use permit, which exceeds thirty (30) feet in height
shall be set back from all property lines at least one (1) additional
foot for every foot of height above thirty (30) feet.
[Ord. No. 1511 §1, 2-20-2001]
Off-street parking and loading requirements and setbacks for
parking areas, loading spaces and internal drives are set forth in
Section 1003.165 Off-Street Parking and Loading Requirements of the
St. Louis County zoning ordinance.
[Ord. No. 1511 §1, 2-20-2001]
Sign regulations are set forth in Section 1003.168 Sign Regulations
of the St. Louis County zoning ordinance.
[Ord. No. 1511 §1, 2-20-2001]
All development or use of the floodway is prohibited involving
any encroachment, including fill, new construction or material improvement
of any existing structure unless certification by a registered professional
engineer is provided to and approved by the Department of Highways
and Traffic that the development will not result in any increase in
flood levels during occurrence of the base flood discharge. If and
only if this Section is complied with, use or development of the floodway
may be carried out subject to the restrictions of the remainder of
this Article.
[Ord. No. 1511 §1, 2-20-2001]
Property in this district may be used and developed in accordance
with the regulations of the underlying zoning upon compliance with
the following procedure:
(1)
The property is placed in such conditions as to effectively and without
increasing the flooding problems of other properties, remove the property
from flooding based on the flood elevation study approved by the United
States Federal Emergency Management Agency ("FEMA") and used as basic
data for determining the boundaries of the Flood Hazard Boundary Map,
being the "FP" Floodplain District as governed by this Section. Effective
removal of the property from flooding requires provision of adequate
freeboard as determined by the Department of Highways and Traffic
in light of the reasonably anticipated ultimate development of the
watershed. If the standards required by this Subsection are satisfactorily
met in respect to any lot or tract of land in the "FP" Floodplain
District, the property may then be used for such uses and under such
regulations as are contained in the district regulations of the district
designated after the "FP" code designation as the underlying district
for the particular property.
(2)
(a)
The property owner or user shall submit to the Department of
Highways and Traffic a plan for flood protection. The plan shall be
approved if its implementation would adequately protect against the
amount of water that would flow past the property in cubic feet per
second during the base flood, as determined by the flood elevation
study approved by FEMA and used as basic data for determining the
boundaries of the Flood Insurance Rate Map and the Flood Hazard Boundary
Map, and if the plan further demonstrates that its implementation
will not increase the flooding problems of other properties. With
respect to any stream for which a floodway has not been designated,
except the Mississippi River, the flooding problems of other properties
will be deemed increased if implementation of the plan would decrease
the water storage or conveyance capacity of the stream.
(b)
The plan must include a report by a registered professional
engineer of demonstrated competence in hydrology as to the adequacy
of the proposed plan for flood protection relative to the elevation
of the floodplain and the flow as determined in the flood elevation
study approved by FEMA, the effect of the proposed improvement on
the flood problems of other properties, and such other hydrologic
problems as may result from the improvements. Where the plan only
delineates the floodplain elevation on the ground and no change or
construction is proposed involving land below the floodplain elevation,
the plan may be submitted under the seal of a registered land surveyor.
(c)
The Department of Highways and Traffic may require such additional
data or engineering studies from the applicant as may be necessary
to determine the adequacy of the proposed plan for flood protection.
[Ord. No. 1511 §1, 2-20-2001]
No use or development in this district shall increase the flooding
problems of other properties. Prior to any use or development of property
pursuant to the permitted or conditional uses designated in this district,
if such use or development involves manmade change to real property
below the flood elevation, including construction or erection of any
building or structure, or any filling, grading, paving, mining, dredging,
excavation or drilling, the following procedure shall be complied
with:
(1)
The property owner or user shall submit to the Department of Highways
and Traffic a development plan. The plan shall be approved if it demonstrates
that its implementation will not increase the flooding problems of
other properties. With respect to any stream for which a floodway
has not been designated, the flooding problems of other properties
will be deemed increased if implementation of the plan would decrease
the water storage or conveyance capacity of the stream.
(2)
The plan shall include a report by a registered professional engineer
of demonstrated competence in hydrology as to the adequacy of the
proposed plan to avoid flooding problems of other properties and such
other hydrologic problems as may result from the improvements. Where
the plan only delineates the floodplain elevation on the ground and
no change or construction is proposed involving land below the floodplain
elevation, the plan may be submitted under the seal of a registered
land surveyor.
(3)
The Department of Highways and Traffic may require such additional
data or engineering studies from the applicant as may be necessary
to determine the adequacy of the proposed plan.
[Ord. No. 1511 §1, 2-20-2001]
(a)
The approval by the Department of Highways and Traffic of such plans
for flood protection does not constitute a representation, guarantee
or warranty of any kind by St. Louis County, the Department of Highways
and Traffic, the St. Louis County Planning Commission or by any officer
or employee of either as to the practicality or safety of any protective
measure and shall create no liability upon or cause of action against
such public body, officers or employees for any damage that may result
pursuant thereto.
(b)
Approval of the plan by the Department of Highways and Traffic does
not relieve an owner or user from fulfilling the requirements set
forth in any other County ordinance regarding construction or development
within the floodplain.
