[R.O. 2011 §415.130; Ord. No. 623 §§3.0, 3.3, 11-18-1991]
A.
Development Permit Required. No person, firm or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in Section 415.040.
B.
Application For Permit. To obtain a permit, the applicant
shall first file an application in writing on a form furnished for
that purpose. Every such application shall:
1.
Identify and describe the work to be covered by a permit.
2.
Describe the land on which the proposed work is to be done by lot,
block tract and house and street address, or similar description that
will readily identify and definitely locate the proposed building
or work.
3.
Indicate the use of occupancy for which the proposed work is intended.
4.
Be accompanied by plans and specifications for proposed construction.
5.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
6.
Give such other information as reasonably may be required by the
Administrator (official).
[R.O. 2011 §415.140; Ord. No. 623 §3.2, 11-18-1991]
A.
The
City Administrator is hereby appointed to administer and implement
the provisions of this Chapter.
B.
Duties
of the City Administrator shall include, but not be limited to:
1.
Review all development permits to assure that sites are reasonably
safe from flooding and that the permit requirements of this Chapter
have been satisfied.
2.
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
3.
Notify adjacent communities and the Soil Conservation Service prior
to any alteration or relocation of a watercourse, and shall submit
evidence of such notification to the Federal Emergency Management
Agency.
4.
Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
5.
Verify, record and maintain record of the actual elevation (in relation
to mean sea level) of the lowest floor (including basement) of all
new or substantially improved structures.
6.
Verify, record and maintain record of the actual elevation (in relation
to mean sea level) to which the new or substantially improved structures
have been floodproofed.
7.
When floodproofing is utilized for a particular structure the Administrator
shall be presented certification from a registered professional engineer
or architect.
[R.O. 2011 §415.150; Ord. No. 623 §8.0, 11-18-1991]
A.
The
Board of Adjustment as established by the City of Cabool shall hear
and decide appeals and requests for variances from the requirements
of this Chapter.
B.
The
Board of Adjustment shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision, or determination
made by the City Administrator in the enforcement or administration
of this Chapter.
C.
Any
person aggrieved by the decision of the Board of Adjustment or any
taxpayer may appeal such decision to the Circuit Court as provided
in Chapter 89, RSMo.
D.
In
passing upon such applications, the Board of Adjustment shall consider
all technical evaluation, all relevant factors, standards specified
in other Sections of this Chapter, and:
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of 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 the alternative locations, not subject to flooding
or erosion damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the Comprehensive Plan and
flood plain management program for that area;
9.
The safety of access to the property in times of flood for ordinance
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, 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, and
streets and bridges.
E.
Conditions For Variances.
1.
Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half (½) acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items (2-6) below
have been fully considered. As the lot size increases beyond the one-half
(½) acre, the technical jurisdiction required for issuing the
variance increases.
2.
Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3.
Variance 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 determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause,
b.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
c.
A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given a written
notice that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
[R.O. 2011 §415.160; Ord. No. 623 §4.0, 11-18-1991]
The mapped flood plain areas within the jurisdiction of this
Chapter are hereby divided into the two (2) following districts: A
Floodway Overlay District (FW) and a Floodway Fringe Overlay District
(FF) identified in the Flood Insurance Study (and accompanying map
(s)). Within these Districts all uses not meeting the standards of
this Chapter and those standards of the underlying zoning district
shall be prohibited. These zones shall be consistent with the numbered
and unnumbered A Zones (including AE, AO and AH Zones) as identified
on the official FIRM and identified in the Flood Insurance Study provided
by the Federal Emergency Management Agency.
[R.O. 2011 §415.170; Ord. No. 623 §5.0, 11-18-1991]
A.
No
permit for development shall be granted for new construction, substantial
improvements and other improvements including the placement of manufactured
homes within all numbered and unnumbered A Zones (including AE, AO
and AH Zones) unless the conditions of this Section are satisfied.
B.
All
areas identified as unnumbered A Zones on the FIRM are subject to
inundation of the 100-year flood: however, the water surface elevation
was not provided. The unnumbered A Zones shall be subject to all development
provisions of this Chapter. If Flood Insurance Study data is not available
the community shall utilize any base flood elevation or floodway data
currently available from Federal, State, or other sources.
C.
New
construction, subdivision proposals, substantial improvements, prefabricated
buildings, placement of manufactured homes and other developments
shall require:
1.
Design or anchorage to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2.
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.
3.
Construction with materials resistant to flood damage, utilizing
methods and practices that minimize flood damages, and with electrical,
heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
4.
All utility and sanitary facilities be elevated or floodproofed up
to the regulatory flood protection elevation.
5.
Until a floodway has been designated, no development, including landfill, may be permitted within Zones Al-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference: Section 415.020 Subsection (C)(1) of this Chapter.
6.
Storage, material and equipment.
a.
The storage or processing of materials 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 and firmly anchored to prevent flotation
or if readily removable from the area within the time available after
flood warning.
7.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, be required to assure that:
a.
All such proposals are consistent with the need to minimize flood
damage;
b.
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located, elevated and constructed to minimize
or eliminate flood damage;
c.
Adequate drainage is provided so as to reduce exposure to flood hazards;
and
d.
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 the regulatory flood elevation.
[R.O. 2011 §415.180; Ord. No. 623 §6.0, 11-18-1991]
B.
Standards For The Floodway Fringe Overlay District.
1.
Require new construction or substantial improvements of residential
structures to have the lowest floor, including basement, elevated
to or above the base flood elevation.
2.
Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and 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 official as set forth in Section 415.140(B)(7).
3.
Require for all new construction and substantial improvement that
fully enclosed areas below the lowest floor that are useable solely
for parking of vehicles, building access or storage in an area other
than a basement and which 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:
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. 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.
4.
With AH Zones adequate drainage paths around structures on slopes
shall be required in order to guide floodwaters around and away from
proposed structures.
C.
Manufactured Homes.
1.
All manufactured homes shall be anchored to resist flotation, collapse,
or lateral movement. Manufactured homes must be anchored in accordance
with local building codes or FEMA guidelines. In the event that over-the-top
frame ties to ground anchors are used, the following specific requirements
(or their equivalent) shall be met:
a.
Over-the-top ties to be provided at each of the four (4) corners
of the manufactured home, with two (2) additional ties per side at
intermediate locations and manufactured homes less than fifty (50)
feet long requiring one (1) additional tie per side;
b.
Frame ties be provided at each corner of the home with five (5) additional
ties per side at intermediate points and manufactured homes less than
fifty (50) feet long requiring four (4) additional ties per side;
c.
All components of the anchoring system be capable of carrying a force
of four thousand eight hundred (4,800) pounds; and
d.
Any additions to the manufactured home be similarly anchored.
2.
Require that all manufactured homes to be placed within Zones Al-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Subsection (C)(1) above.
D.
Located within the areas of special flood hazard established in Section 415.050 are areas designed as AO Zones. These areas have special flood hazards, associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:
1.
All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth number specified
in feet on the community's FIRM (at least two (2) feet if no depth
number is specified).
2.
All new construction and substantial improvements of non-residential
structures shall:
a.
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet
on the Community's FIRM (at least two (2) feet if no depth number
is specified); or
b.
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such certification shall be provided to the official as set forth in Section 415.140, Subsection (B)(7).
3.
Adequate drainage paths around structures on slopes shall be required
in order to guide floodwaters around and away from proposed structures.
[R.O. 2011 §415.190; Ord. No. 623 §7.0, 11-18-1991]
A.
Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrences of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Section 415.170 and 415.180. The following are recommended uses for the Floodway District.
1.
Agricultural uses such as general farming, pasture, nurseries, forestry.
2.
Residential uses such as lawns, gardens, parking and play areas.
3.
Non-residential areas such as loading areas, parking, airport landing
strips.
4.
Public and private recreational uses such as golf courses, archery
ranges, picnic ground, parks, wildlife and nature preserves.
[R.O. 2011 §415.200; Ord. No. 623 §9.0, 11-18-1991]
A.
A structure
or the use of a structure or premises which was lawful before the
passage (November 18, 1991) or amendment of this Chapter but which
is not in conformity with the provisions of this Chapter may be continued
subject to the following conditions:
1.
If such use is discontinued for twelve (12) consecutive months, any
future use of the building premises shall conform to this Chapter.
The Utility Department shall notify the City Administrator in writing
of instances of non-conforming uses where utility services have been
discontinued for a period of twelve (12) months.
2.
Uses or adjuncts thereof which are or become nuisances shall not
be entitled to continue as non-conforming uses.
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 market value of the structure before the damage
occurred except that if it is reconstructed in conformity with the
provisions of this Chapter. This limitation does not include the cost
of any alteration to comply with existing State or local health, sanitary,
building, or safety codes or regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places
or a State Inventory of Historic Places.
