[Ord. No. 3121, 4-18-2016]
A. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section
415.070. No person or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Section
415.040. Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to, plans in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
1.
Elevation, in relation to mean sea level, of the lowest floor,
including basement, of each structure.
2.
Elevation, in relation to mean sea level, to which any non-residential
structure is to be floodproofed.
3.
Certification from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in Subsection
(A)(2) of Section
415.190.
4.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 3121, 4-18-2016]
The Building Inspector is hereby appointed to administer and
implement the provisions of this Chapter, by granting or denying development
permit applications in accordance with its provisions.
[Ord. No. 3121, 4-18-2016]
A. Duties of the Building Inspector shall include, but not be limited
to:
1.
Review all development permits to ensure that sites are reasonably
safe from flooding and that the permit requirements of this Chapter
have been satisfied.
2.
Review permits for proposed developments to ensure that all
necessary permits have been obtained from those federal, state or
local governmental agencies from which prior approval is required.
3.
When base flood elevation data has not been provided in accordance with Section
415.070, obtain, review and reasonably utilize any base flood elevation or floodway data available from a federal, state or other source, in order to administer the provisions of Article
III of this Chapter.
4.
Verify, record and maintain records of the actual elevations,
in relation to mean sea level, of the lowest floors, including basements,
of all new or substantially improved structures.
5.
Verify, record and maintain records of the actual elevations,
in relation to mean sea level, to which the new or substantially improved
structures have been floodproofed.
6.
When floodproofing is utilized for a particular structure, obtain
certification from a registered professional engineer or architect.
7.
Notify adjacent communities and the State Department prior to
any alteration or relocation of a watercourse, and submit evidence
of such notification to the Federal Emergency Management Agency.
8.
Ensure that maintenance is provided within the altered or relocated
portion of such watercourse, so that the flood-carrying capacity is
not diminished.
9.
Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazard (for example, where
there appears to be a conflict between a mapped boundary and actual
field conditions), make the necessary interpretation. The person contesting
the location of the boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in this Article.
[Ord. No. 3121, 4-18-2016]
A. The City Council shall hear and decide appeals and requests for variances
from the requirements of this Chapter.
B. The City Council shall hear and decide appeals when it is alleged
that there is an error in any requirement, decision or determination
made by the Building Inspector in the enforcement or administration
of this Chapter.
C. Any person aggrieved by the decision of the City Council or any taxpayer
may appeal such decision to the Circuit Court as provided in Chapter
89, RSMo.
D. In passing upon such applications, the City Council 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 flood 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 floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters 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 shall be as follows:
1.
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half (1/2)
acre or less in size, contiguous to and surrounded by lots with existing
structures constructed below the base flood level, provided paragraphs
(2) through (6) of this Subsection have been fully considered. As
the lot size increases beyond one-half (1/2) acre, the technical jurisdiction
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 a determination that
the granting of a variance will not result in increased flood heights,
additional threats to public safety or extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
6.
Any applicant to whom a variance is granted shall be given a
written notice that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest flood elevation.