Cross references — City engineer, §2-131 et seq; planning and zoning commission, §2-186 et seq; buildings and building regulations, Ch. 5; civil defense and disaster, Ch. 6; electricity, Ch. 8; excavations generally, Ch. 9; fire prevention and protection, Ch. 10; plumbing, Ch. 20; sewers and sewage disposal, Ch. 22; streets and sidewalks, Ch. 23; subdivision regulations, Ch. 24; swimming pools, Ch. 25.
[Ord. No. 2312 §2, 1-15-2015[1]]
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
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 or greater chance of flooding in any given year.
The flood having a one-percent chance of being equaled 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 man-made 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 storage of equipment or materials.
For insurance purposes, a nonbasement 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).
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).
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 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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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(1)
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The overflow of inland waters; and/or
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(2)
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The unusual and rapid accumulation or runoff of surface waters
from any source.
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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 land area susceptible to being inundated by water from
any source (see "flooding").
Any combination of structural and nonstructural 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 lines marking the limits of floodways on federal, state
and local floodplain maps.
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.
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 purposes 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:
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(1)
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Listed individually on 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;
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(2)
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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;
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(3)
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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
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(4)
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Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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a.
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By an approved state program as determined by the Secretary
of the Interior; or
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b.
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Directly by the Secretary of the Interior in states without
approved programs.
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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 the floodplain management regulations 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 floodplain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
See "base flood."
Also known as an "eligible community," means 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.
That 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.
A recreational vehicle is 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.
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 noncompliance.
Flood-related damages sustained by a structure on two (2)
separate occasions during a ten-year period for which the cost of
repairs at the time of each such flood event equals or exceeds twenty-five
percent (25%) of the market value of the structure before the damage
occurred.
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 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 an 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
improvements was within one hundred eighty (180) days of the permit
date. The "actual start" means either 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,
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. The term includes repetitive loss buildings
(see definition).
For the purposes of this definition, "repair" is considered
to occur when the first repair or reconstruction of any wall, ceiling,
floor, or other structural part of the building commences.
The term does not apply to:
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure; or
Any improvement to a building.
Any combination of reconstruction, alteration, or improvement
to a building, taking place during a ten-year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. This term includes structures which have incurred
repetitive loss or substantial damage, regardless of the actual repair
work done.
The term does not apply to:
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure; or
Any building that has been damaged from any source or is categorized
as repetitive loss.
Where the repair, reconstruction, rehabilitation or improvement
of the streets, utilities and pads equals or exceeds fifty percent
(50%) of the value of the streets, utilities and pads before the repair,
reconstruction or improvement commenced.
A grant of relief by the community 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: Section 1 of this ordinance also provided
for the repeal of former Ch. 11, Flood Damage Prevention and Control,
adopted 8-19-2004 by Ord. No. 1982.
(a)
Statutory authorization. The Missouri General Assembly
has, in Section 89.020, 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 Bellefontaine Neighbors, Missouri,
ordains as follows.
(b)
Findings of fact.
(1)
Flood losses resulting from periodic inundation.
The special flood hazard areas of the City 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:
(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 consists 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 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 chapter to promote the public health, safety, and general welfare; to minimize those losses described in Subsection (b)(1) of this Section 11-2; 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 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 which are unsuited for the
intended development purposes due to the flood hazard.
(a)
Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the City identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for St. Louis County on Map Panels 29189C0069K, 29189C0088K, 29189C0089K, 29189C0226K, and 29189C0227K, dated February 4, 2015, 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 City, and as specifically noted in Section 11-4.
(b)
The floodplain administrator. The City Engineer
is hereby designated as the floodplain administrator under this chapter.
The City Engineer may appoint and utilize such assistant administrators
as he/she shall deem necessary and appropriate to assist with performing
his/her duties hereunder.
(c)
Compliance. No development located within the special
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.
(d)
Abrogation and greater restrictions. It is not intended
by this chapter to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter imposes
greater restrictions, the provisions of this chapter shall prevail.
All other ordinances inconsistent with this chapter are hereby repealed
to the extent of the inconsistency only.
(e)
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 statute.
(f)
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 heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
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 chapter shall not create a liability on the part
of the City, 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.
(g)
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.
(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 11-3(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)
Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator 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 article 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 (SEMA) prior to any alteration or relocation of a watercourse
and submit evidence of such notification to 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) to which new or substantially improved nonresidential
structures have been floodproofed;
(9)
When floodproofing techniques are utilized for a particular nonresidential
structure, the City shall require certification from a registered
professional engineer or architect.
(c)
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 a 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
City Planner;
(8)
Be accompanied by plans and specifications for proposed construction;
and
(9)
Be signed by the permittee or his authorized agent, who may be required
to submit evidence to indicate such authority.
(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 one-hundred-year flood; however, the base flood
elevation is not provided. Development within unnumbered A Zones is
subject to all provisions of this chapter. 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 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; 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)
Nonconforming use. A structure, or the use of a
structure or premises that was lawful before the passage or amendment
of the chapter, but which is not in conformity with the provisions
of this chapter, may be continued subject to the following conditions:
a.
If such structure, use, or utility service is discontinued for
twelve (12) consecutive months, any future use of the building shall
conform to this chapter.
b.
If any nonconforming 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, or 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 a local inventory of historic places upon determination.
(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 Section 11-3(a), 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 base flood elevation.
b.
Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or other nonresidential 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 11-4(b)(9).
c.
Require, for all new construction and substantial improvements,
that fully enclosed areas below the 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 openings shall be no higher than one (1) foot
above grade. Openings may be equipped with screens, louvers, valves,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(c)
Manufactured homes.
(1)
All manufactured homes to be placed within all unnumbered and numbered
A Zones and AE Zones on the City'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 City'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;
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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.
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(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 City's FIRM, that are not subject to the provisions of Section 11-5(c)(2) of this chapter, 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.
(d)
Floodway. Located within areas of special flood hazard established in Section 11-3(a) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
(1)
The City 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 City shall prohibit any encroachments, including 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 11-5(d)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 11-5.
(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 11-5(a)(2).
(a)
Establishment of appeal board. The Board of Adjustment
for the City shall hear and decide appeals and requests for variances
from the floodplain management requirements of this chapter.
(b)
Responsibility of the 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 floodplain administrator, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section 11-6(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 floodplain administrator in the enforcement or administration
of this chapter.
(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 RSMo. 89.110.
(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 chapter, 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 City;
(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 floodwaters, 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, provided that the items in
Subsection (e)(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 a 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, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinances.
(6)
The City shall notify the applicant, in writing, over the signature
of a community official, that: a. 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 b. 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 chapter.
(a)
Violation of the provisions of this chapter 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 chapter or
fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than one-hundred dollars ($100.00) 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 or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
(b)
The floodplain administrator as designated in Section 11-3(b) of this chapter, or his or her designee, is hereby authorized to issue a summons to any person violating any of the terms of this chapter, and thereafter such summons shall be prosecuted as all other violations of the Bellefontaine Neighbors City Code.
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 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, and 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
Region VII office of FEMA. The regulations of this chapter are in
compliance with the National Flood Insurance Program (NFIP) regulations.
