[R.O. 2016 § 415.010; Ord. No. 175-98 § 1, 1-13-1998]
The legislature of the State of Missouri
has in Chapter 89, RSMo., delegated the responsibility to local governmental
units to adopt regulations designed to protect the health, safety
and general welfare. Therefore, the City Council of the City of Park
Hills, Missouri, ordains as follows.
[R.O. 2016 § 415.020; Ord. No. 175-98 § 1, 1-13-1998; Ord. No. 632-05 §§ 1
— 2, 7-12-2005; Ord. No. 958-11 § 1, 5-10-2011]
A.
Flood Losses Resulting From Periodic Inundation.
The special flood hazard areas of the City of Park Hills, 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.
B.
General Causes Of The Flood Losses. These
flood losses are caused by:
C.
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.
1.
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 with an effective
date of June 16, 2011, as amended, and any future revisions thereto.
2.
Calculation of water surface profiles
are based on a standard hydraulic engineering analysis of the capacity
of the stream channel and overbank areas to convey the regulatory
flood.
3.
Computation of a floodway required
to convey this flood without increasing flood heights more than one
(1) foot at any point.
4.
Delineation of floodway encroachment
lines within which no development is permitted that would cause any
increase in flood height.
5.
Delineation of flood fringe, i.e.,
that area outside the floodway encroachment lines, but still subject
to inundation by the base flood.
[R.O. 2016 § 415.030; Ord. No. 175-98 § 1, 1-13-1998]
A.
It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 415.020(A); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) 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.
[R.O. 2016 § 415.040; Ord. No. 175-98 § 1, 1-13-1998]
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.
See "base flood."
Means the same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
A request for review of the Floodplain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
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.
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 area of the structure having its floor subgrade (below
ground level) on all sides.
See "structure."
The official of the community who is charged with the authority
to implement and administer laws, ordinances, and regulations for
that 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.
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 storing of equipment or materials.
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.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
For the purposes 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 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.
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).
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.
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
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.
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.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from
any source (see "flooding").
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to,
emergency preparedness plans, flood control works, and 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.
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.
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.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
A factor of safety usually expressed in feet above a flood
level for 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 bridge openings and the hydrological
effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is 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.
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 the 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:
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.
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."
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of 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.
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 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 the floodplain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the
sale of flood insurance.
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
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.
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.
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[1] and the accepted actuarial principles. "Risk premium rates"
include provisions for operating costs and allowances.
See "area of special flood hazard."
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
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
improvement was within one hundred eighty (180) days of the permit
date. The "actual start" means the first 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, 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, 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 structures, 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 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.
That 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.
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.
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 improvements
of a structure, the cost of which equals or exceeds 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:
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
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 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.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this Chapter is presumed to be in violation until such time as that
documentation is provided.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
[1]
Editor's Note: See 42 U.S.C. §§ 4001 et seq.
