[Ord. 2010-913, passed 9-13-2010]
[Ord. 2010-913, passed 9-13-2010; Ord. 2018-003, passed 8-13-2018]
(A)
Flood losses resulting from periodic inundation. The special flood hazard areas of the city are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental sendees, 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:
(C)
Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this ordinance uses a standard engineering method of analyzing flood hazards which consist of a 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 1% chance of occurrence in any one year as delineated on the Federal Insurance Administrator’s FIS, and illustrative materials for Lincoln County, Missouri, dated 10-5-2018 as amended, and any future revisions thereto;
(2)
Calculation of water surface profiles are 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 foot at any point;
(4)
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height; and
(5)
Delineation of flood fringe (i.e., that area outside the floodway encroachment lines), but still subject to inundation by the base flood.
[Ord. 2010-913, passed 9-13-2010]
It is the purpose of this chapter: to promote the public health, safety and general welfare; to minimize those losses described in § 153.02(A) of this chapter; to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 C.F.R. § 59.22(a)(3); and to meet the requirements of 44 C.F.R. § 60.3(d) by applying the provisions of this chapter to:
(A)
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;
(B)
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
(C)
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
[Ord. 2010-913, passed 9-13-2010]
(A)
This chapter shall apply to all lands within the jurisdiction of the city identified as numbered and unnumbered A Zones and AE Zones, on the Flood Insurance Rate Map (FIRM) for Lincoln County, Missouri on map panels 29113C02S8D, 29113C0407D, 29113C0426D and 29I13C0428D, dated 9-29-2010 as amended, and any future revisions thereto.
(B)
In all areas covered by this chapter, no development shall be permitted, except through fee 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 §§ 153.45 through 153.49 of this chapter.
[Ord. 2010-913, passed 9-13-2010]
No development located within the special flood hazard areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
[Ord. 2010-913, passed 9-13-2010]
(A)
It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
(B)
However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(C)
All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
[Ord. 2010-913, passed 9-13-2010]
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.
[Ord. 2010-913, passed 9-13-2010]
(A)
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 human-made or natural causes, such as ice jams and bridge openings restricted by debris.
(B)
(1)
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.
(2)
This chapter shall not create a liability on the part of the city any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
[Ord. 2010-913, passed 9-13-2010]
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.
[Ord. 2010-913, passed 9-13-2010]
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
See BASE FLOOD.
The same as APPURTENANT STRUCTURE.
See RISK PREMIUM RATES.
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities.
A request for review of the Floodplain Administrator’s interpretation of any provision of this chapter or a request for a variance.
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.
The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
The flood having a 1% 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.
See STRUCTURE.
The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that 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.
Any human-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.
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.
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before 1-1-1975. For FIRMs effective before that date, EXISTING CONSTRUCTION may also be referred to as “existing structures”.
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.
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).
A general and temporary condition of partial or complete inundation of normally dry land areas from:
An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
A determination by the Administrator of the water surface elevations of the base flood. That is, the flood level that has a 1% or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lanes, but still subject to inundation by the regulatory flood.
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.
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.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from any source. (See FLOODING.)
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.
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.
Any combination of structural and non-structural 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.
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 foot.
The lines marking the limits of floodways on federal, state and local floodplain maps.
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.
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.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
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 flood-proofing design requirements of this chapter.
A structure, transportable in one 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”.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
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).
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
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 I.
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 12-31-1974, 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.
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.
The National Flood Insurance Program (NFIP).
Also known as an ELIGIBLE COMMUNITY. A community in which the Administrator has authorized the sale of flood insurance.
Includes any individual or group of individuals, corporation, partnership, association or any other entity, including federal, state and local governments and agencies.
At least 51% of the actual cash value of the structure, less land value, is above ground.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
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 non-compliance.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds 25% of the market value of the structure before the damage occurred.
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with § 1307 of the National Flood Disaster Protection Act of 1973, being 42 U.S.C. § 4014, and the accepted actuarial principles. RISK PREMIUM RATES include provisions for operating costs and allowances.
See AREA OF SPECIAL FLOOD HAZARD.
An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
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 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.
The 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 the state.
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.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. The term includes “repetitive loss buildings” (see definition). 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.
The term does not apply to:
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;
Any alteration of a “historic structure”; provided that, the alteration will not preclude the structure’s continued designation as a “historic structure”; or
Any improvement to a building.
Any combination of reconstruction, alteration, or improvement to a building, taking place during the life of the building, in which the cumulative percentage of improvement equals or exceeds 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:
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;
Any alteration of a “historic structure”; provided that, the alteration will not preclude the structure’s continued designation as a “historic structure”; or
Any building that has been damaged from any source or is categorized as repetitive loss.
**Recommend development of written and adopted policy and procedure.
Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
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.
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.
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.