City of Caruthersville, MO
Pemiscot County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 678 §5.0, 2-1-1988; Ord. No. 920 §5, 12-15-2003]
A. 
No permit for development shall be granted for new construction, substantial improvements and other improvements including the placement of manufactured homes within all numbered and unnumbered A Zones (including AE, AO and AH Zones) unless the conditions of this Section are satisfied.
B. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the one hundred (100) year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this Chapter. If Flood Insurance Study data is not available the community shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
C. 
New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of manufactured homes and other developments shall require:
1. 
Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 
New or replacement water supply system 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.
3. 
Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. 
All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.
5. 
Until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot on the average cross-section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference: Section 415.020(C)(1) of this Chapter.
6. 
Storage and material and equipment.
a. 
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
b. 
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
7. 
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be required to assure that:
a. 
All such proposals are consistent with the need to minimize flood damage,
b. 
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage,
c. 
Adequate drainage is provided so as to reduce exposure to flood hazards, and
d. 
Proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation.
D. 
All recreational vehicles placed on sites within all unnumbered and numbered A Zones, AO, AE and AH Zones on the community's Flood Insurance Rate map shall:
1. 
Be on the site for fewer than one hundred eighty (180) consecutive days; or
2. 
Be fully licensed and ready for highway use; or
3. 
Meet the permitting, elevation and anchoring requirements for manufactured homes of this Chapter.
For the purposes of this Section, 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.
[Ord. No. 678 §6.0, 2-1-1988]
Any use permitted in Section 415.200 shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of Section 415.170 are met.
[Ord. No. 678 §6.2, 2-1-1988; Ord. No. 920 §6, 12-15-2003]
A. 
Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to or above the base flood elevation.
B. 
Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Section 415.140(B)(7).
C. 
Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor 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: 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. 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.
D. 
Within AH Zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
E. 
Manufactured Homes.
1. 
All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with local building codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
a. 
Over-the-top ties be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side;
b. 
Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side;
c. 
All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
d. 
Any additions to the manufactured home be similarly anchored.
2. 
Require that all manufacturing homes to be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or one (1) foot above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 415.190(E)(1).
F. 
Located within the areas of special flood hazard established in Section 415.050 are areas designed as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and undetermined; therefore, the following provisions apply within AO Zones;
1. 
All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).
2. 
All new construction and substantial improvements of non-residential structures shall:
a. 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as one (1) foot above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or
b. 
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such certification shall be provided to the official as set forth in Section 415.140(B)(7).
3. 
Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
[Ord. No. 678 §7.0, 2-1-1988]
A. 
Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Section 415.170, 415.180 and 415.190. The following are recommended uses for the Floodway District.
1. 
Agricultural uses such as general farming, pasture, nurseries, forestry.
2. 
Residential uses such as lawns, gardens, parking and play areas.
3. 
Non-residential areas such as loading areas, parking, airport landing strips.
4. 
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
5. 
In Zone A unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 415.170(C)(7)(d) of this Chapter, in meeting the standards of this Section.
[Ord. No. 678 §8.0, 2-1-1988; Ord. No. 920 §§2, 7, 12-15-2003]
A. 
The Board of Adjustment as established by the City of Caruthersville shall hear and decide appeals and requests for variances from the requirements of this Chapter.
B. 
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.
C. 
Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided in Section 89.110, RSMo.
D. 
In passing upon such applications, the shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and:
1. 
The danger that materials may be swept onto other lands to the injury of others;
2. 
The danger to life and property due to flooding or erosion damage;
3. 
The susceptibility of 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 flooding or erosion damage, for the proposed use;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;
9. 
The safety or access to the property in times of flood for ordinance and emergency vehicles;
10. 
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. 
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
E. 
Conditions For Variances.
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subparagraphs (2 — 6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
2. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.
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. 
The City shall notify the applicant in writing over the signature of the Floodplain Administrator 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 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 Section.