City of Sparta, MO Article III General Provisions

Section 405.040 Lands to Which This Chapter Applies.

This Chapter shall apply to all areas within the jurisdiction of the City of Sparta, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM), 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 community, and as specifically noted in Article V.

Section 405.050 Penalties for Non-Compliance.

A. No development located in the special flood hazard areas of this community shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.

B. 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 grants of variances or special exceptions) shall constitute an ordinance violation. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

C. Nothing herein contained shall prevent the City of Sparta or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 405.060 Abrogation and Greater Restrictions.

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Section 405.070 Interpretation.

A. In the interpretation and application of this Chapter, all provisions shall be:

1. Considered as minimum requirements;

2. Liberally construed in favor of the Governing Body; and

3. Deemed neither to limit nor repeal any other powers granted under State Statutes.

Section 405.080 Warning and Disclaimer of Liability.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and floodway fringe or land uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City of Sparta or by any officer or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.

Section 405.090 Severability.

If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid in a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.