[Ord. No. 678 §2.1, 2-1-1988]
This Chapter shall apply to all lands within the jurisdiction of the City of Caruthersville identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones (including AE, AO, and AH Zones) and within the Zoning Districts FW and FF established in Section 415.160 of this Chapter. In all areas covered by this Chapter no development shall be permitted except upon a permit to develop granted by the City Council or its duly designated representative under such safeguards and restriction as the Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in Sections 415.170, 415.180, 415.190, and 415.200.
[Ord. No. 678 §2.2, 2-1-1988; Ord. No. 920 §1, 12-15-2003]
There is hereby established the office of Floodplain Administrator.
The Floodplain Administrator shall be appointed by the Mayor with
the consent and approval of a majority of the members elected to the
City Council. The Floodplain Administrator is hereby designated as
the community's duly designated enforcement officer under this Chapter.
[Ord. No. 678 §2.3, 2-1-1988]
The boundaries of the Floodway and Floodway Fringe Overlay Districts
shall be determined by scaling distances on the Official Zoning Map
or on the Flood Insurance Rate Map or Floodway Map. Where interpretation
is needed to the exact location of the boundaries of the districts
as shown on the Official Zoning Map, as for example where there appears
to be a conflict between a mapped boundary and actual field conditions,
the Enforcement Officer shall make the necessary interpretation. In
such cases where the interpretation is contested, the Board of Adjustment
will resolve the dispute. The regulatory flood elevation for the point
in question shall be the governing factor in locating the district
boundary on the land. The person contesting the location of the district
boundary shall be given a reasonable opportunity to present his/her
case to the Board and to submit his/her own technical evidence, if
he/she so desires.
[Ord. No. 678 §2.4, 2-1-1988; Ord. No. 920 §3, 12-15-2003]
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 415.050. 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.
[Ord. No. 678 §2.5, 2-1-1988]
It is not intended by this Chapter to repeal, abrogate or impair
any existent easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provision of
this Chapter shall prevail. All other ordinances inconsistent with
this Chapter are hereby repealed to the extent of the inconsistency
only.
[Ord. No. 678 §2.6, 2-1-1988]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements and 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.
[Ord. No. 678 §2.7, 2-1-1988]
The degree of flood protection required by this Chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. Larger floods may occur on rare occasions
or the flood height may be increased by man-made or natural causes,
such as ice jams and bridge openings restricted by debris. This Chapter
does not imply that areas outside floodway and floodway fringe district
boundaries or land uses permitted within such districts will be free
from flooding or flood damage. This Chapter shall not create liability
on the part of the City 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.
[Ord. No. 678 §2.9, 2-1-1988; Ord. No. 920 §2, 12-15-2003]
Where a request for a permit to develop or a variance is denied
by the Floodplain Administrator, the applicant may apply for such
permit or variance directly to the Board of Adjustment.
