[Ord. No. 1914 §1(405.625(A)), 5-6-2013; Ord. No. 1937 Art. 1 12-15-2014]
A. Statutory Authorization. The Legislature of the State of Missouri
has in Section 79.110, RSMo., delegated the responsibility to local
governmental units to adopt floodplain management regulations designed
to protect the health, safety, and general welfare. Therefore, the
Board of Aldermen of the City of Valley Park, Missouri, ordains as
follows:
B. Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Valley Park, 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: (1) the cumulative effect of development in any delineated floodplain
causing increases in flood heights and velocities; and (2) the occupancy
of flood hazard areas by uses vulnerable to floods, hazardous to others,
inadequately elevated, or otherwise unprotected from flood damages.
3.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study
(FIS) that is the basis of this Division 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 Division is representative of large
floods which are characteristic of what can be expected to occur on
the particular streams subject to this Division. 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.
Louis County dated February 4, 2015, as amended, and any future revisions
thereto.
b.
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.
c.
Computation of a 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 development
is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway
encroachment lines, but still subject to inundation by the base flood.
C. Statement Of Purpose. It is the purpose of this Division to promote
the public health, safety, and general welfare; to minimize those
losses described in 405.785(B)(1); 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(d) by applying the provisions
of this Division 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. 1914 §1(405.625(B)), 5-6-2013; Ord. No. 1937 Art. 2, 12-15-2014]
A. Lands To Which Division Applies. This Division shall apply to all lands within the jurisdiction of the City of Valley Park, Missouri, identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on map panels 29189C0284K, 29189C0292K, 29189C0303K, 29189C0311K, and 29189C0312K dated February 4, 2015, as amended, and any future revisions thereto. In all areas covered by this Division, 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 Section
405.800.
B. Floodplain Administrator. The Community Development Director is hereby
designated as the Floodplain Administrator under this Division.
C. Compliance. No development located within the special flood hazard
areas of this community shall be located, extended, converted, or
structurally altered without full compliance with the terms of this
Division and other applicable regulations.
D. Abrogation And Greater Restrictions. It is not intended by this Division
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this Division imposes greater
restrictions, the provisions of this Division shall prevail. All other
ordinances inconsistent with this Division are hereby repealed to
the extent of the inconsistency only.
E. Interpretation. In their interpretation and application, the provisions
of this Division 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 Division 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 man-made or natural causes, such as ice jams and bridge
openings restricted by debris. This Division does not imply that areas
outside the floodway and flood fringe or land uses permitted within
such areas will be free from flooding or flood damage. This Division
shall not create a liability on the part of the City of Valley Park,
any officer or employee thereof, for any flood damages that may result
from reliance on this Division or any administrative decision lawfully
made thereunder.
G. Severability. If any Section, clause, provision, or portion of this
Division is adjudged unconstitutional or invalid by a court of appropriate
jurisdiction, the remainder of this Division shall not be affected
thereby.
[Ord. No. 1914 §1(405.625(C)), 5-6-2013; Ord. No. 1937 Art. 3, 12-15-2014]
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
405.790(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 Community Development
Director is hereby appointed to administer and implement the provisions
of this Division.
C. Duties And Responsibilities Of Floodplain Administrator. Duties of
the Community Development Director 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 Division 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 Missouri State Emergency
Management Agency (Mo 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 the flood carrying capacity is not diminished and
shall be maintained within the altered or relocated portion of any
watercourse;
7.
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;
8.
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;
9.
When floodproofing techniques are utilized for a particular
non-residential structure, the Community Development Director shall
require certification from a registered professional engineer or architect.
D. Application For Floodplain Development Permit. To obtain a floodplain
development permit, the applicant shall first file an application
in writing on a form furnished for that purpose. Every floodplain
development permit application shall:
1.
Describe 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 structure
or work;
2.
Identify and describe the work to be covered by the floodplain
development permit;
3.
Indicate the use or occupancy for which the proposed work is
intended;
4.
Indicate the assessed value of the structure and the fair market
value of the improvement;
5.
Specify whether development is located in designated flood fringe
or floodway;
6.
Identify the existing base flood elevation and the elevation
of the proposed development;
7.
Give such other information as reasonably may be required by
the Community Development Director;
8.
Be accompanied by plans and specifications for proposed construction;
and
9.
Be signed by the permittee or his or her authorized agent who
may be required to submit evidence to indicate such authority.
[Ord. No. 1914 §1(405.625(D)), 5-6-2013; Ord. No. 1937 Art. 4, 12-15-2014]
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 numbered or unnumbered
A Zones and AE Zones, 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 Division. 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.
Until a floodway is designated, no new construction, substantial
improvements, or other development, including fill, shall be permitted
within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one (1) foot
at any point within the community.
4.
All new construction, subdivision proposals, substantial-improvements,
prefabricated structures, 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 flood
waters into the systems and discharges from the systems into flood
waters, and on-site waste disposal systems be located so as to avoid
impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood
hazard areas are required to assure that:
(1) All such proposals are consistent with the need
to minimize flood damage;
(2) All public utilities and facilities, such as sewer,
gas, electrical, and water systems are located and constructed to
minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure
to flood hazards; and
(4) 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.
5.
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.
6.
Non-conforming Use. A structure, or the use of a structure or
premises that was lawful before the passage or amendment of the Division,
but which is not in conformity with the provisions of this Division,
may be continued subject to the following conditions:
a. If such structure, use, or utility service is discontinued for six
(6) consecutive months, any future use of the building shall conform
to this Division.
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 predamaged 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.
7.
Agricultural Structures. Structures used solely for agricultural
purposes in connection with the production, harvesting, storage, drying,
or raising of agricultural commodities, including the raising of livestock,
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; there is no permanent retail, wholesale, or
manufacturing use included in the structure; a variance has been granted
from the floodplain management requirements of this Division; and
a floodplain development permit has been issued.
8. Accessory Structures. Structures used solely for parking and limited
storage purposes, not attached to any other structure on the site,
of limited investment 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 Division; and a floodplain
development permit has been issued.
B. Specific Standards.
1.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Subsection
(A)(2) of this Section, the following provisions are required:
a.
Residential Construction. New construction or substantial-improvement
of any residential structures, including manufactured homes, shall
have the lowest floor, including basement, elevated to one (1) foot
above the base flood elevation.
|
[*In all unnumbered and numbered A Zones and AE Zones, 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 structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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
405.795(C)(9).
|
[*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) 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) The bottom of all opening 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.
C. Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and
numbered A Zones and AE Zones, on the community's FIRM 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 or numbered A Zones and AE 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 and 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 one (1) foot above the base
flood elevation and be securely attached to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
|
3.
Require that manufactured homes to be placed or substantially
improved on sites in an existing manufactured home park or subdivision
within all unnumbered and numbered A Zones and AE Zones, on the community's
FIRM, that are not subject to the provisions of 405.800(C)(2) of this
Division, be elevated so that either:
a.
The lowest floor of the manufactured home is at 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.
|
[*In all unnumbered and numbered A Zones and AE Zones, 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. Floodway. Located within areas of special flood hazard established in Section
405.790(A) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based
on the principle that the area chosen for the regulatory floodway
must be designed to carry the waters of the base flood without increasing
the water surface elevation of that flood more than one (1) foot at
any point.
2.
The community shall prohibit any encroachments, including fill,
new construction, substantial-improvements, and other development
within the adopted 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.
3.
If Section
405.800(D)(2) is satisfied, all new construction and substantial-improvements shall comply with all applicable flood hazard reduction provisions of Section
405.800.
4.
In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Section
405.800(A)(2).
E. Recreational Vehicles.
1.
Require that recreational vehicles placed on sites within all
unnumbered and numbered A Zones and AE Zones on the community's FIRM
either:
a.
Be on the site for fewer than one hundred eighty (180) consecutive
days,
b.
Be fully licensed and ready for highway use*; or
c.
Meet the permitting, elevation, and the anchoring requirements
for manufactured homes of this Division.
|
*
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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.
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[Ord. No. 1914 §1(405.625(E)), 5-6-2013; Ord. No. 1937 Art. 5, 12-15-2014]
A. Establishment Of Appeal Board. The Board of Adjustment as established
by the City of Valley Park shall hear and decide appeals and requests
for variances from the floodplain management requirements of this
Division.
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 Community Development Director, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section
405.805(A).
2.
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 Community Development Director in the enforcement
or administration of this Division.
C. Further Appeals. Any person aggrieved by the decision of the Board
of Adjustment or any taxpayer may appeal such decision to the St.
Louis County Circuit Court as provided in Section 89.110, RSMo.
D. Floodplain Management Variance Criteria. In passing upon such applications
for variances, the Board of Adjustment shall consider all technical
data and evaluations, all relevant factors, standards specified in
other Sections of this Division, 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 flood waters, 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 (1/2)
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 (1/2) 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: (1) 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) 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 Division.
F. Conditions For Approving Variances For Agricultural Structures. Any variance granted for an agricultural 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 Section
405.805, Subsection
(D) and
(E) of this Division.
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 agricultural structures
that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered for a variance from the
floodplain management regulations of this Division shall demonstrate
that the varied structure is located in wide, expansive floodplain
areas and no other alternate location outside of the floodplain exists
for the agricultural structure. Residential structures, such as farm
houses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to agricultural
purposes in flood-prone areas only.
3.
For any new or substantially damaged agricultural structures,
the exterior and interior building components and elements (i.e.,
foundation, wall framing, exterior and interior finishes, flooring,
etc.) below highest adjacent grade, must be built with flood-resistant
materials in accordance with Section 405.800(A)(2)(b) of this Division.
4.
The agricultural structures must be adequately anchored to prevent
flotation, collapse, or lateral movement of the structures in accordance
with Section 405.800(A)(2)(a) of this Division. All of the building's
structural components must be capable of resisting specific flood-related
forces including hydrostatic, buoyancy, and hydrodynamic and debris
impact forces.
5.
Any mechanical, electrical, or other utility equipment must
be located above highest adjacent grade 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 405.800(A)(2)(d) of this Division.
6.
The agricultural 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 the NFIP regulations.
7.
Major equipment, machinery, or other contents must be protected
from any flood damage.
8.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the agricultural structures.
9.
A community shall notify the applicant in writing over the signature
of a community official that: (1) the issuance of a variance to construct
a structure below highest adjacent grade 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) such construction below highest adjacent grade increases risks
to life and property. Such notification shall be maintained with the
record of all variance actions as required by this Division.
10.
Wet-floodproofing construction techniques must be reviewed and
approved by the community and a registered professional engineer or
architect prior to the issuance of any floodplain development permit
for construction.
G. Conditions For Approving Variances For Accessory Structures. Any variance 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 Section
405.805, Subsection
(D) and
(E) of this Division.
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.
1.
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).
2.
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
405.800(A)(4)(b) of this Division.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section
405.800(A)(4)(a) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, 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
405.800(A)(4)(d) of this Division.
5.
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
405.800(B)(1)(c) of this Division.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section
405.800(D)(2) of this Division. 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.
7.
Equipment, machinery, or other contents must be protected from
any flood damage.
8.
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.
9.
A community shall notify the applicant in writing over the signature
of a community official that: (1) 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) 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 Division.
10.
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.
[Ord. No. 1937 Art. 6, 12-15-2014]
Violation of the provisions of this Division 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 Division 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 offense.
Nothing herein contained shall prevent the City of Valley Park or
other appropriate authority from taking such other lawful action as
is necessary to prevent or remedy any violation.
[Ord. No. 1914 §1(405.625(G)), 5-6-2013; Ord. No. 1937 Art. 7, 12-15-2014]
The regulations, restrictions, and boundaries set forth in this
Division 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 Valley Park 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 Division are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[Ord. No. 1914 §1(405.625(H)), 5-6-2013; Ord. No. 1937 Art. 8, 12-15-2014]
Definitions applicable to Division 4. Flood Hazard Prevention are located in Article
II, Rules and Definitions.