[CC 1985 § 7-241; Ord. No. 8088 Art. 1 § A, 12-17-2012]
By adopting Section 77.260, RSMo., the Legislature of the State
of Missouri delegated the responsibility to local governmental units
to adopt floodplain management regulations designed to protect the
public health, safety, and general welfare. Therefore, the City of
Marshall, Missouri, finds and orders the following.
[CC 1985 § 7-242; Ord. No. 8088 Art. 1 § B, 12-17-2012]
A. Flood Losses Resulting From Periodic Inundation. The special
flood hazard areas of the City of Marshall, Missouri, 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.
B. General Causes Of The Flood Losses. These flood losses
are caused by: (1) the cumulative effect of development in any delineated
floodplain causing increases in flood heights and velocities; and
(2) the occupancy of flood hazard areas by uses vulnerable to floods,
hazardous to others, inadequately elevated, or otherwise unprotected
from flood damages.
C. 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 consist of the following series
of interrelated steps:
1.
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
Saline County, Missouri, dated January 16, 2013, as amended, and any
future revisions thereto.
[Ord. No. 8523, 2-3-2020]
2.
Calculation of water surface profiles is based
on a standard hydraulic engineering analysis of the capacity of the
stream channel and overbank areas to convey the regulatory flood.
3.
Computation of a floodway required to convey this
flood without increasing flood heights more than one (1) foot at any
point.
4.
Delineation of floodway encroachment lines within
which no development is permitted that would cause any increase in
flood height.
5.
Delineation of flood fringe, i.e., that area outside
the floodway encroachment lines, but still subject to inundation by
the base flood.
[CC 1985 § 7-243; Ord. No. 8088 Art. 1 § C, 12-17-2012]
A. It is the purpose of this Chapter to promote the public health, safety, and general welfare; to minimize those losses described in Section
420.020(A); 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 that are
unsuited for the intended development purposes due to the flood hazard.
[CC 1985 § 7-244; Ord. No. 8088 Art. 2 § A, 12-17-2012]
This Chapter shall apply to all lands within the jurisdiction of City of Marshall, Missouri, identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Maps (FIRMs) for the City of Marshall, Missouri, on map panel numbers 29195C0240C, 29195C0245C, 29195C0360C, 29195C0376C, 29195C0377C, 29195C0379C, and 29195C0385C, dated January 16, 2013, 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 Council or its duly designated representative under such safeguards and restrictions 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 as specifically noted in Article
III of this Chapter.
[CC 1985 § 7-245; Ord. No. 8088 Art. 2 § B, 12-17-2012; Ord. No. 8523, 2-3-2020]
The City of Marshall Code Official is hereby designated as the
Floodplain Administrator under this Chapter.
[CC 1985 § 7-246; Ord. No. 8088 Art. 2 § C, 12-17-2012]
No development located within the special flood hazard areas
of this community shall be located, extended, converted, or structurally
altered without full compliance with the terms of this Chapter and
other applicable regulations.
[CC 1985 § 7-247; Ord. No. 8088 Art. 2 § D, 12-17-2012]
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.
[CC 1985 § 7-248; Ord. No. 8088 Art. 2 § E, 12-17-2012]
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 governing body, and shall not be deemed
a limitation or repeal of any other powers granted by State Statutes.
[CC 1985 § 7-249; Ord. No. 8088 Art. 2 § F, 12-17-2012]
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 of Marshall, Missouri, any officer or employee thereof,
for any flood damages that may result from reliance on this Chapter
or any administrative decision lawfully made thereunder.
[CC 1985 § 7-250; Ord. No. 8088 Art. 2 § G, 12-17-2012]
If any section, clause, provision, or portion of this Chapter
is adjudged unconstitutional or invalid by a court of appropriate
jurisdiction, the remainder of this Chapter shall not be affected
thereby.
[CC 1985 § 7-251; Ord. No. 8088 Art. 6, 12-17-2012]
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 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), and
in addition, shall pay all costs, attorneys' fees and expenses involved
in the case. Each day such violation continues shall be considered
a separate offense. Nothing herein contained shall prevent the City
of Marshall, Missouri, or other appropriate authority, from taking
such other lawful action as is necessary to prevent or remedy any
violation.
[CC 1985 § 7-252; Ord. No. 8088 Art. 7, 12-17-2012]
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 Marshall, Missouri. 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 the Federal Emergency Management Agency
(FEMA). The regulations of this Chapter are in compliance with the
National Flood Insurance Program (NFIP) regulations.
[CC 1985 § 7-253; Ord. No. 8088 Art. 10, 12-17-2012]
This Chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect from and after the date of its final
passage and adoption of the ordinance for which it derives.
[CC 1985 § 7-254; Ord. No. 8088 Art. 8, 12-17-2012]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
they have in common usage and to give this Chapter its most reasonable
application.
AGENCY
The Federal Emergency Management Agency (FEMA).
AGRICULTURAL STRUCTURE
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
APPEAL
A request for review of the Floodplain Administrator's
interpretation of any provision of this Chapter or a request for a
variance.
APPURTENANT STRUCTURE
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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
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.
DEVELOPMENT
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.
ELEVATED BUILDING
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION
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.
"Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FLOOD ELEVATION DETERMINATION
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.
FLOOD FRINGE
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOODPLAIN MANAGEMENT
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.
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.
FLOODPROOFING
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.
FLOODWAY or REGULATORY FLOODWAY
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.
FOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from: (1) the overflow of inland;
and/or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
FREEBOARD
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.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose 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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1.
Listed individually in the National Register of
Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2.
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;
3.
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
4.
Individually listed on a local inventory of historic
places in communities with historic preservation programs that have
been certified either:
a.
By an approved state program as determined by
the Secretary of the Interior; or
b.
Directly by the Secretary of the Interior in states
without approved programs.
LOWEST FLOOR
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.
MANUFACTURED HOME
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."
MAP
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).
MEAN SEA LEVEL
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.
NEW CONSTRUCTION
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
NFIP
The National Flood Insurance Program (NFIP).
PERSON
Includes any individual or group of individuals, corporation,
partnership, association, or any other entity, including Federal,
State, and local governments and agencies.
PRINCIPALLY ABOVE GROUND
That at least fifty-one percent (51%) of the actual cash
value of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured
at the largest horizontal projections;
3.
Designed to be self-propelled or permanently towable
by a light-duty truck; and
4.
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
REMEDY A VIOLATION
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.
REPETITIVE LOSS
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.
RISK PREMIUM RATES
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.
SPECIAL HAZARD AREA
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as zones (unnumbered or numbered) A and AE.
START OF CONSTRUCTION
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 were 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.
STATE COORDINATING AGENCY
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.
STRUCTURE
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.
SUBSTANTIAL DAMAGE
1.
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).
2.
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.
3.
The term does not apply to:
a.
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;
b.
Any alteration of a "historic structure," provided
that the alteration will not preclude the structure's continued
designation as a "historic structure"; or
c.
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
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:
[Ord. No. 8523, 2-3-2020]
1.
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
2.
Any alteration of a historic structure provided
that the alteration will not preclude the structure's continued
designation as a historic structure.
VARIANCE
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.
VIOLATION
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.
WATER SURFACE ELEVATION
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.