[Res. No. 07-06, Zoning Order Art. 7 § A, 7-12-2007]
The provisions of this Subsection shall apply to all unincorporated areas of Cass County identified on the Flood Insurance Rate Maps (FIRM) or Floodway Maps as promulgated by the Federal Emergency Management Agency (FEMA) and determined to be within the floodway (FW) and flood fringe (FF) districts as defined in this order. The County shall enforce these floodplain regulations to meet provisions of 44 CFR Part 60, § 60.3.(d) relating to floodplain management criteria for flood-prone areas, and of County Ordinance 06-05, dated March 09, 2006.
[Res. No. 07-06, Zoning Order Art. 7 § B, 7-12-2007]
A. 
Flood Losses Resulting From Periodic Inundation. The (FIRM) designated flood hazard areas of Cass County, Missouri, are subject to inundation which may result 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.
B. 
General Causes Of These Flood Losses. These flood losses are caused by: (1) The cumulative effect of obstruction in floodways causing increases in flood heights and velocities, and (2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.
C. 
Methods Used To Analyze Flood Hazards. This Order uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
1. 
Selection of a regulatory flood event (RFE) which 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 regulatory flood event selected for this Order is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this Order. 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 Administration's Flood Insurance Study, and illustrative materials dated March, 1980, as amended.
2. 
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and over bank areas to convey the regulatory flood.
3. 
Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point up or down stream.
4. 
Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.
5. 
Delineation of a floodway fringe area outside the floodway encroachment lines which may be subject to inundation by the regulatory flood.
[Res. No. 07-06, Zoning Order Art. 7 § C, 7-12-2007]
A. 
It is the purpose of this Order to promote the public health safety and general welfare and to minimize those losses described in section 400.410(A) by applying the provisions of this Order to:
1. 
Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.
2. 
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection measures at the time of initial construction.
3. 
Inform the public of the presence of lands which may be unsuited for intended purposes because of flood hazard.
4. 
Assure that eligibility is maintained for property owners in the County to purchase flood insurance in the National Flood Insurance Program.
[Res. No. 07-06, Zoning Order Art. 7 § D, 7-12-2007]
Unless specifically defined below, words or phrases used in this Order shall be interpreted so as to give them the meaning they have in common usage and to give this Order its most reasonable application.
ACTUARIAL OR RISK PREMIUM RATES
Those rates established by the FEMA Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the Act and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
APPEAL
A request for a review of the Cass County Zoning Officer's interpretation of any provision of this Order or a request for a variance.
AREA OF SHALLOW FLOODING
A designated 'AO' or 'AH' Zone, where a clearly defined channel is unpredictable and where velocity flow may be evident, on a community's Flood Insurance Rate Map (FIRM). Such areas are susceptible to a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Is the land in the flood plain within a community subject to one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD ELEVATION (BFE)
Is the height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or average depth of the base flood, usually in feet, above the ground surface.
EXISTING CONSTRUCTION
Means (for the purposes of determining rates) structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, as issued by the Federal Emergency Management Agency, (FEMA) on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland bodies of water, or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOODWAY FRINGE
Is that area of the flood plain, outside of the floodway, that on the average is likely to be flooded in an RFE that has a one percent (1%) chance of flood occurrence in any one (1) year in the Floodway Fringe where indicated on the FIRM.
FLOODWAY or REGULATORY FLOODWAY
The likely channel of a river or other watercourse and the adjacent land areas that must be reserved and available in order to discharge a flood condition without cumulatively increasing the water surface elevation more than one (1) foot where the Floodway is indicated on the FIRM.
FREEBOARD
A factor of safety to limit damage above a Base Flood Elevation (BFE). It is used as a means of risk management in the flood plain. Freeboard may compensate for unknown factors that could contribute to flood heights greater than the estimated height calculated as the BFE, such as wave action, clogged bridge openings and the hydrological effect of recent changes in the topography within the watershed. Freeboard for this Order is two (2) feet above the Base Flood Elevation.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction adjacent to the walls of a proposed structure.
LOWEST ADJACENT GRADE
The lowest natural elevation of the ground surface prior to construction adjacent to the walls of a proposed structure, including bottoms of window wells and outside stairways.
NEW CONSTRUCTION
For the purposes of determining insurance rates, refers to 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 alterations or 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 a floodplain management regulations adopted by a community and includes any subsequent alterations or improvements to such structures.
RFE
The flood having a one percent (1%) chance of being equaled or exceeded in any given year. A Regulated Flood Event (RFE) may also be referred to as a one-hundred-year storm and the area inundated during the base flood is sometimes called the one-hundred-year floodplain. A one-hundred-year flood is a flood that has a one percent (1%) chance of being equaled or exceeded in any given year.
START OF CONSTRUCTION
The placement of the initial elements of a structure on a site, such as the placement of foundations. 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.
STRUCTURE
Any permanent, three (3) dimensional object, such as walled and roofed buildings, gas or liquid storage tanks, or earthen constructions that are principally above the original natural grade on the site.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure immediately before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, repair, addition, or other improvement or alteration of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, refer to either alteration of a structure to correct existing violations of State or local health, sanitary, or building code specifications in use by the County; or any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
[Res. No. 07-06, Zoning Order Art. 7 § E, 7-12-2007]
A. 
Lands To Which Order Applies. This Order shall apply to all lands within the jurisdiction of Cass County, Missouri, identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered 'A' Zones and also including other zones as included and defined, and within the Zoning Districts FW and FF established in this Order.
B. 
In all areas covered by this Order no development or construction shall be permitted except by issuance of a permit for a specific purpose by the County or its duly designated representative under such safeguards and restriction as the County may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the County and where specifically noted below.
C. 
Establishment Of Districts. The mapped flood plain areas within the jurisdiction of this Order are hereby divided into the two (2) following districts: a floodway district (FW) and a floodway fringe district (FF) identified in the Flood Insurance Study and accompanying maps. Within these districts all uses not meeting the standards of this Order and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the flood zones as identified on the official Flood Insurance Rate Map (FIRM) and identified in the Flood Insurance Study provided by the Federal Emergency Management Agency.
D. 
Rules For Interpretation Of District Boundaries. The boundaries of the floodway and floodway fringe districts shall be determined by scaling distances on the official Flood Insurance Rate Map or Floodway Map or other such map as shall be of an appropriate scale and detail. Where interpretation is needed to the exact location of the boundaries, as in examples where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Zoning Adjustment shall 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 before the Board of Zoning Adjustment as defined in the Zoning Order.
E. 
Compliance. No structure or construction located within known flood hazard areas of this County shall be located, extended, converted or structurally altered without full compliance with the terms of this Order and other applicable regulations.
F. 
Abrogation And Greater Restrictions. This Order is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Order and other regulations, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
G. 
Interpretation. In their interpretation and application, the provisions of this Order shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other powers granted by Statutes of the State or Federal Governments. In the case of conflicts between the State, Federal and other County Ordinances, the more stringent interpretation, as made by the County Commission, shall apply.
H. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Order is considered reasonable for regulatory purposes and is based on engineering and science. Larger floods may occur on rare occasions, or the flood height may be increased by man made or natural causes. This Order 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 damages. This Order shall not create liability on the part of Cass County or any officer or employee thereof for any flood damages that may result from reliance on this Order or any administrative decision lawfully made hereunder.
I. 
Severability. If any section, clause, provision or portion of this Order is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Order shall not be affected thereby.
J. 
Appeal. Where a request for a permit to disturb surface areas or construct within the FW or FF is denied by the County, the applicant may apply for an appeal before the Board of Zoning Adjustment.
[Res. No. 07-06, Zoning Order Art. 7 § F, 7-12-2007]
A. 
The Flood Plain Manager. The Director of Planning and Zoning or his/her assigned officer of the County is hereby designated as the flood plain manager under this Order. The manager shall have the discretion to use such resources as are deemed necessary and are permitted under the National Flood Insurance Plan.
B. 
Enforcement of any violations of this Flood Plain Order shall be by means of the procedures established for the Administration of this Zoning Order. These shall include the requirements for notification of probable violations and the procedures and fees required for the correction of any such violations under the Compliance Action Plan administrative approach.
C. 
Permit Required. No person, firm or corporation shall initiate any construction or substantial improvement or disturbance of the surface conditions or cause the same to be done within the FW or FF without first obtaining a permit from the County under this Order, and in compliance with FEMA regulations.
D. 
Application For Permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose by the Zoning Department. Every such application shall:
1. 
Identify and describe the work to be covered by the permit.
2. 
Describe the land on which the proposed work is to be done by lot, block tract and house and street address, and recorded, legal description that will readily identify and definitely locate the proposed building or work.
3. 
Indicate the use or occupancy for which the proposed work is intended.
4. 
Be accompanied by plans and specifications adequate to describe all proposed construction.
5. 
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority. Authority of an agent shall be established by a document signed by the permittee.
6. 
Provide such other information as reasonably may be required by the Cass County Zoning Officer.
[Res. No. 07-06, Zoning Order Art. 7 § G, 7-12-2007]
A. 
No permit for new construction, substantial improvements and other improvements within all numbered and unnumbered A Zones shall be granted unless the conditions of this Section are satisfied.
B. 
All residences to be placed or substantially improved to more than fifty percent (50%) of the current market value within the FW, FF and the A Zone districts shall be elevated on a permanent foundation such that the lowest floor of the home is at least two (2) feet above Base Flood Elevation (BFE) and shall be permanently anchored to said foundation. Where no Base Flood Elevation is known, the applicant shall provide analysis and field measurement adequate to establish a BFE. Such analysis and measurement shall be provided by a registered engineer. An Elevation Certificate for the lowest floor of the structure, provided by a licensed land surveyor or civil engineer will be required upon completion of the building.
C. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation in the event of a one-hundred-year flood; but the estimated BFE has not been established by study. The unnumbered A Zones shall be subject to all development provisions of this Order. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction.
D. 
New construction, alterations, or ground disturbance, including proposed subdivisions or planned developments shall require the following:
1. 
Foundations designed to prevent flotation, collapse or lateral movement due to flooding.
2. 
New installation or replacement of underground utilities, water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from these systems into flood waters. On-site, underground septic waste disposal systems shall be located not less than one hundred (100) feet from the nearest floodway fringe (FF) district, or if necessary in the judgment of the Director of Planning and Zoning, a greater distance to avoid impairment or contamination. On site above ground evaporation lagoon systems may be allowed within the flood fringe when they are contained by a berm no less than two (2) feet above the base flood elevation, provided the elevation of the completed work is certified by a surveyor and approved by the Director of Planning and Zoning.
[Ord. No. 08-02, 2-1-2018]
3. 
All utility and sanitary facilities are elevated or flood-proofed up to the regulatory flood protection elevation.
4. 
Use of construction materials and utility equipment that are resistant to flood damage, and use of construction methods and practices that will minimize flood damage, consistent with economic practicability shall be required.
5. 
Until a floodway has been designated, no construction or surface disturbance may be permitted within Zones A1 — A30 on the current 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 RFE flood more than one (1) foot at the average cross section of the reach in which the construction is located as shown on the Flood Insurance Rate Study incorporated by reference in this Order.
6. 
Construction or surface disturbance shall be prohibited, including fill, new construction, substantial improvements, and other activity within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices acceptable to the County and FEMA that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood event;
7. 
Notwithstanding any other provisions of 44 CFR Part 60, § 60.3.(d), the County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the County first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of the Code of Federal Regulations, and receives the approval of the FEMA Administrator.
8. 
Storage of material and equipment which may become, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animals or the environment is prohibited.
9. 
Storage of other material or equipment may be allowed if it is not subject to major damage by floods, is firmly anchored to prevent flotation or is if readily removable from the area within the time available after flood warning.
10. 
Recreational vehicles placed on site within all unnumbered and numbered A Zones and AE Zones on the County's FIRM must:
a. 
Be fully licensed as required by the County and State.
b. 
Be on the site fewer that one hundred eighty (180) consecutive days.
c. 
Be on wheels or jacking systems and attached to the site only by quick-disconnect type utilities and security devices.
d. 
Not have permanently attached additions.
e. 
Or meet the permitting elevations and the anchoring requirements for manufactured homes of these regulations.
11. 
Subdivision proposals and other proposed new development shall 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.
d. 
Include within such proposals the regulatory flood elevation where any one applies to the property.
e. 
Located within the areas of special flood hazard established in the FIRM are areas designated 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 indeterminate; therefore, the following provisions apply within 'AO' Zones:
(1) 
All new construction and substantial improvements of non-residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two (2) feet above the depth elevation number when one is specified in feet on the community's FIRM or at least two (2) feet if no depth number is specified.
(2) 
All new construction and substantial improvements of non-residential structures shall: together with utility and sanitary sewer construction be completely flood-proofed 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 that might be expected to result from such a flooding event. A registered professional engineer shall certify that these FEMA standards of this Subsection have been satisfied. Such certification shall be provided to the County when requested.
f. 
Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
[Res. No. 07-06, Zoning Order Art. 7 § H, 7-12-2007]
A. 
Permitted Uses. 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 regulation. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered engineer 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 this Order and are limited to:
1. 
Agricultural uses such as general farming, pasture, nursery, forestry.
2. 
Residential uses such as lawns, gardens, parking and play areas.
3. 
Non-residential areas such as loading areas, parking, airport landing strips provided paving areas are designed to prevent any increase in the run off characteristics of the watershed.
4. 
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves which do not include structures.
[Res. No. 07-06, Zoning Order Art. 7 § I, 7-12-2007]
A. 
Permitted Uses. Any use permitted in the Floodway shall be permitted in the Floodway Fringe District. No use shall be permitted in the district unless the standards of this Order are met. Uses are limited to:
1. 
Uses for new construction or substantial improvement of residential structures are required to have the lowest floor, including basement, elevated to, or above, an elevation at least two (2) feet above the base flood elevation.
2. 
Uses for new construction or substantial improvements of non-residential structures are required to have the lowest floor, including basement, elevated to or above an elevation at least two (2) feet above the base flood elevation or, together with utility and sanitary construction, to be "flood proofed." Typically this requires that below such a level the structure is water tight 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 that might be expected to result from such a flooding event. A registered professional engineer shall certify that these FEMA standards of this Subsection have been satisfied. Such certification shall be provided to the County when requested.
3. 
Within 'AH' Zones adequate drainage paths around structures on slopes shall be required in order to guide flood waters around and away from proposed structures.
[Res. No. 07-06, Zoning Order Art. 7 § J, 7-12-2007]
Failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, of this Order shall constitute a misdemeanor. Upon conviction thereof, anyone violating this Order will be subject to fines of not more than one hundred dollars ($100.00), and in addition, shall pay all costs and expenses of the County that are a result of the case. Each day such violation continues beyond the first day shall be considered a separate offense and fine.
Nothing herein contained shall prevent any other authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[Res. No. 07-06, Zoning Order Art. 7 § K, 7-12-2007]
The requirements set forth in this Order 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, and provided, however, that no such action may be taken until after a public hearing in relation thereto. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the County. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Order are in compliance with the National Flood Insurance Program Regulations.