Cross References — Building codes, ch. 500; civil disaster and emergencies, ch. 225; planning, ch. 400; streets, sidewalks and other public places, ch. 510; subdivision regulations generally, ch. 410; topography, natural vegetation and flooding in subdivisions, §410.070(7); storm drainage improvement in subdivisions, §410.080(5); utilities, Title VII.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002; Ord. No. 11-2I 74 §2, 6-14-2011]
A.
Statutory Authorization. The Legislature of the State of
Missouri has in Chapter 89, RSMo., as amended, delegated the responsibility
to local governmental units to adopt zoning regulations designed to
protect the health, safety and general welfare. Therefore, the City
of Farmington, Missouri, ordains as follows.
B.
Findings Of Fact.
1.
Flood losses resulting from periodic inundation. The flood hazard areas of Farmington, 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 cause of these flood losses. These flood
losses are caused by:
3.
Methods used to analyze flood hazards. The Flood
Insurance Study (FIS) that is the basis of this Chapter uses a standard
engineering method of analyzing flood hazards which consist of a series
of interrelated steps.
a.
Selection of a base flood that is based upon engineering calculations
which permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The base flood selected for this Chapter is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this Chapter. It is in the general
order of a flood which could be expected to have a one percent (1%)
chance of occurrence in any one (1) year as delineated on the Federal
Insurance Administrator's FIS, and illustrative materials for St.
Francois County dated June 16, 2011, as amended, and any future revisions
thereto.
b.
Calculation of water surface profiles based on a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas
to convey the regulatory flood.
c.
Computation of the floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no obstruction
is permitted which would cause any increase in flood height.
e.
Delineation of floodway fringe, i.e., that area outside the floodway
encroachment lines, but which still is subject to inundation by the
regulatory flood.
C.
Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize those losses described in Subsection (B)(1) by applying the provisions of this Chapter to:
1.
Restrict or prohibit uses which are dangerous to health, safety or
property in times of flooding or cause undue increases in flood heights
or velocities.
2.
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction.
3.
Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard.
4.
Assure that eligibility is maintained for property owners in the
City to purchase flood insurance in the National Flood Insurance Program.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002; Ord. No. 11-2H1 §1, 2-17-2004]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this Chapter its most reasonable
application.
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
Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
A request for a review of the Planning and Zoning Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
A designated AO or AH Zone on the City's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or material.
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".
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of the City on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the City.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
A factor of safety usually expressed in feet above a flood
level for the purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as wave action, clogged bridge
openings, and the hydrological effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes, the term "manufactured
home" does not include park trailers, travel trailers, and
other similar vehicles.
A parcel or contiguous parcels of land which has been divided
into two (2) or more manufactured home lots for rent or sale.
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 a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
Includes substantial improvement and means the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement
was within one hundred eighty (180) days of the permit date. The actual
start means the first (1st) placement of permanent construction of
a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or 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; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds 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.
A walled and roofed building that is principally above ground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "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:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety Code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A grant of relief to a person from the requirements of this
Chapter which permits construction in a manner otherwise prohibited
by this Chapter where specific enforcement would result in unnecessary
hardship.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002; Ord. No. 11-2H1 §2, 2-17-2004; Ord. No. 11-2I 72 §1, 6-6-2011; Ord. No. 11-2I 74 §§1,
3, 6-14-2011]
A.
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Farmington, Missouri identified as numbered and unnumbered A Zones and AE zones on the Flood Insurance Rate Map (FIRM) for St. Francois County, Missouri on map panels 29187C0255D, 29187C0260D, 29187C0265D, 29187C0266D, 29187C0267D, 29187C0268D, 29187C0269D, 29187C0355D, and 29187C0360D dated June 16, 2011 as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Sections 415.060, 415.070, and 415.080.
B.
The Enforcement Officer. The Planning and Zoning Administrator
of the City is hereby designated as the City's duly designated Enforcement
Officer under this Chapter.
C.
Rules For Interpretation Of District Boundaries. The boundaries
of the Floodway and Floodway Fringe Overlay Districts shall be determined
by scaling distances on the Official Zoning Map or on the Flood Insurance
Rate Map or Floodway Map. Where interpretation is needed to the exact
location of the boundaries of the districts as shown on the Official
Zoning Map, as for example where there appears to be a conflict between
a mapped boundary and actual field conditions, the Enforcement Officer
shall make the necessary interpretation. In such cases where the interpretation
is contested, the Board of Adjustment will resolve the dispute. The
regulatory flood elevation for the point in question shall be the
governing factor in locating the district boundary on the land. The
person contesting the location of the district boundary shall be given
a reasonable opportunity to present his/her case to the Board and
to submit his/her own technical evidence, if he/she so desires.
D.
Compliance. No development located within known flood hazard
areas of this City shall be located, extended, converted or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
E.
Abrogation And Greater Restrictions. It is not intended
by this Chapter to repeal, abrogate or impair any existent easements,
covenants or deed restrictions. However, where this Chapter imposes
greater restrictions, the provision of this Chapter shall prevail.
All other ordinances inconsistent with this Chapter are hereby repealed
to the extent of the inconsistency only.
F.
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 City and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
G.
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 height 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 floodway and floodway fringe district boundaries or land uses
permitted within such districts will be free from flooding or flood
damage. This Chapter shall not create liability on the part of the
City of Farmington or any officer or employee thereof for any flood
damages that may result from reliance on this Chapter or any administrative
decision lawfully made thereunder.
H.
Severability. If any Section, clause, provision or portion
of this Chapter is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this Chapter shall not
be affected thereby. Where a request for a permit to develop or a
variance is denied by the Planning and Zoning Administrator, the applicant
may apply for such permit or variance directly to the Board of Adjustment.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
A.
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 415.020.
B.
Administration.
1.
The Planning and Zoning Administrator is hereby appointed to administer
and implement the provisions of this Chapter.
2.
Duties of the Planning and Zoning Administrator shall include, but
not limited to:
a.
Review all development permits to assure that sites are reasonably
safe from flooding and that the permit requirements of this Chapter
have been satisfied.
b.
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.
c.
Notify adjacent communities and the Missouri State Emergency Management
Agency prior to any alteration or relocation of a watercourse and
shall submit evidence of such notification to the Federal Emergency
Management Agency.
d.
Assure the maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
e.
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 residential structures.
f.
Verify, record and maintain record of the actual elevation (in relation
to mean sea level) to which the new or substantially improved non-residential
structures have been floodproofed.
g.
When floodproofing is utilized for a non-residential structure, the
Planning and Zoning Administrator shall be presented certification
from a registered professional engineer or architect.
C.
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 the permit.
2.
Describe the land on which the proposed work is to be done by lot,
block, tract, house and street address or similar description that
will readily identify and definitely locate the proposed building
or work.
3.
Indicate the use or 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
Planning and Zoning Administrator.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
The mapped floodplain areas within the jurisdiction of this
Chapter are hereby divided into the two (2) 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.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
A.
No
permit for development shall be granted for new construction, substantial
improvements or 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 City 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 A1-30 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 one (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 415.010(B)(3) 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 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 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.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002; Ord. No. 11-2H1 §3, 2-17-2004]
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 one (1) foot 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 one (1) foot 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 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 official as set forth in Section 415.040(B)(2)(g).
3.
Require for all new construction and substantial improvements that
are usable 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.
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.
b.
The bottom of all openings shall be no higher than one (1) foot above
grade.
c.
Openings may be equipped with screens, louvers, values, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
4.
Within AH Zones adequate drainage paths around structures on slopes
shall be required in order to guide floodwaters around and away from
proposed structures.
5.
Manufactured homes.
a.
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:
(1)
Over-the-top ties 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 only one (1) additional tie per side.
(2)
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 only four (4) additional
ties per side.
(3)
All components of the anchoring system be capable of carrying
a force of four thousand eight hundred (4,800) pounds.
(4)
Any additions to the manufactured home be similarly anchored.
b.
Require that all manufactured homes to be placed within Zones A1-30, AH and AE on the above City's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with provisions of Section 415.070(B)(5)(a).
6.
Located within the areas of special flood hazard established in Section 415.030(A) 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.
a.
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 two (2) feet above
the depth number specified in feet on the City's FIRM.
b.
All new construction and substantial improvements of non-residential
structures shall:
(1)
Have the lowest floor (including basement) elevated above the
higher adjacent grade at least as high as two (2) feet above the depth
number specified in feet on the City's FIRM.
(2)
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level 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. Such certification shall be provided to the official as set forth in Section 415.040(B)(2)(g).
c.
Adequate drainage paths around structures on slopes shall be required
in order to guide floodwaters around and away from proposed structures.
7.
Recreational vehicles. Recreational vehicles placed
on sites within all unnumbered and numbered A Zones shall comply with
one (1) of the following:
a.
Shall be on the site for fewer than one hundred eighty (180) consecutive
days;
b.
Shall be fully licensed and ready for highway use; or
c.
Shall meet the permitting, elevation and anchoring requirements of
this Chapter for manufactured homes.
|
|
A recreational vehicle shall be considered 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. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
A.
Permitted Uses. 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 encroachment shall not result in any increase in flood levels during occurrence 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 415.060 and 415.070. 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 grounds, parks, wildlife and nature preserves.
5.
In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 415.060(C)(7) of this Chapter in meeting the standards of this Section.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
A.
The
Board of Adjustment as established by the City Council of the City
of Farmington 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 Planning and Zoning Administrator in the enforcement and
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 of St. Francois
County as provided in Section 89.110, 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.
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 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 City;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of 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
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 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 Variance.
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 justification required
for issuing the variance increases.
2.
Variances may be issued by a community for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or a State Inventory of Historic Places, without regard to
the procedures set forth in this Section and adding in its place 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.
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.
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.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
A.
A structure
or the use of a structure or premises which was lawful before the
passage 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 Planning and Zoning 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.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
Violation of the provisions of this Chapter or failure to comply
with any of its requirements (including violations of the conditions
and safeguards established in connection with grants of variances
or special exceptions) shall constitute an ordinance violation. 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 the case. Each day such violation continues
shall be considered a separate ordinance violation. Nothing herein
contained shall prevent the City of Farmington or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
[Ord. No. 11-28D-4 §1, 1-18-1993; Ord. No. 11-2H §1, 8-19-2002]
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 in 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. 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 Federal
Emergency Management Agency. The regulations of this Chapter are in
compliance with the National Flood Insurance Program regulations.
