[Ord. 2010-913, passed 9-13-2010]
(A) 
A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in § 153.04 of this chapter. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
(B) 
To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
(1) 
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed structure or work;
(2) 
Identify and describe the work to be covered by the floodplain development permit;
(3) 
Indicate the use or occupancy for which the proposed work is intended;
(4) 
Indicate the assessed value of the structure and the fair market value of the improvement;
(5) 
Specify whether development is located in designated flood fringe or floodway:
(6) 
Identify the existing base flood elevation and the elevation of the proposed development;
(7) 
Give such other information as reasonably may be required by the Mayor;
(8) 
Be accompanied by plans and specifications for proposed construction; and
(9) 
Be signed by the permittee or his or her authorized agent who may be required to submit evidence to indicate such authority.
[Ord. 2010-913, passed 9-13-2010]
(A) 
The Mayor is hereby designated as the Floodplain Administrator under this chapter.
(B) 
The Mayor is hereby appointed to administer and implement the provisions of this chapter.
(C) 
Duties of the Mayor shall include, but not be limited to:
(1) 
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;
(2) 
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required by federal, state or local law;
(3) 
Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
(4) 
Issue floodplain development permits for all approved applications;
(5) 
Notify adjacent communities and the state’s Emergency Management Agency (MOSEMA) to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
(6) 
Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
(7) 
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
(8) 
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been flood-proofed;
(9) 
When flood-proofing techniques are utilized for a particular non-residential structure, the Mayor shall require certification from a registered professional engineer or architect.
[Ord. 2010-913, passed 9-13-2010]
(A) 
The Board of Aldermen, as established by the city, shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter.
(B) 
(1) 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Mayor, the applicant may apply for such floodplain development permit or variance directly to the Board of Aldermen, as defined in division (A) above.
(2) 
The Board of Aldermen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Mayor in the enforcement or administration of this chapter.
[Ord. 2010-913, passed 9-13-2010]
Any person aggrieved by the decision of the Board of Aldermen or any taxpayer may appeal such decision to the Circuit Court of the county as provided in RSMo. § 89.110.
[Ord. 2010-913, passed 9-13-2010]
In passing upon such applications for variances, the Board of Aldermen shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this chapter, and the following criteria:
(A) 
The danger to life and property due to flood damage;
(B) 
The danger that materials may be swept onto other lands to the injury of others;
(C) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(D) 
The importance of the services provided by the proposed facility to the community;
(E) 
The necessity to the facility of a waterfront location, where applicable;
(F) 
The availability of alternative locations, not subject to flood damage, for the proposed use;
(G) 
The compatibility of the proposed use with existing and anticipated development;
(H) 
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(I) 
The safety of access to the property in lines of flood for ordinary and emergency vehicles;
(J) 
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and
(K) 
The costs of prodding governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
[Ord. 2010-913, passed 9-13-2010]
(A) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (B) through (F) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(B) 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or local inventory of historic places upon determination; provided, the proposed activity will not preclude the structure’s continued historic designation.
(C) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(D) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(F) 
(1) 
A community shall notify the applicant in writing over the signature of a community official that:
(a) 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) 
Such construction below the base flood level increases risks to life and property.
(2) 
Such notification shall be maintained with the record of all variance actions as required by this chapter.
[Ord. 2010-913, passed 9-13-2010]
(A) 
Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in §§ 153.29 and 153.30 of this chapter.
(B) 
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-flood-proofed.
(1) 
All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.
(2) 
Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
(3) 
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring and the like) below the base flood elevation, must be built with flood-resistant materials in accordance with § 153.45(D)(2) of this chapter.
(4) 
The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with § 153.45(D)(1) of this chapter. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
(5) 
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or flood-proofed so that they are contained within a water-tight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with § 153.45(D)(4) of this chapter.
(6) 
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with § 153.46(A)(3) of this chapter.
(7) 
The agricultural structures must comply with the floodplain management floodway encroachment provisions of § 153.48(B) of this chapter. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
(8) 
Major equipment, machinery or other contents must be protected from any flood damage.
(9) 
No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the agricultural structures.
(10) 
(a) 
A community shall notify the applicant in writing over the signature of a community official that:
1. 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. 
Such construction below the base flood level increases risks to life and property.
(b) 
Such notification shall be maintained with the record of all variance actions as required by this chapter.
(11) 
Wet flood-proofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
[Ord. 2010-913, passed 9-13-2010]
(A) 
Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in §§ 153.29 and 153.30 of this chapter.
(B) 
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet flood-proofed.
(1) 
Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
(2) 
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring and the like) below the base flood elevation, must be built with flood-resistant materials in accordance with § 153.45(D)(2) of this chapter.
(3) 
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with § 153.45(D)(1) of this chapter. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
(4) 
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or flood-proofed so that they are contained within a water-tight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with § 153.45(D)(4) of this chapter.
(5) 
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with § 153.46(A)(3) of this chapter.
(6) 
The accessory structures must comply with the floodplain management floodway encroachment provisions of § 153.48(B) of this chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
(7) 
Equipment machinery, or other contents, must be protected from any flood damage.
(8) 
No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the accessory structures.
(9) 
(a) 
A community shall notify the applicant in writing over the signature of a community official that:
1. 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. 
Such construction below the base flood level increases risks to life and property.
(b) 
Such notification shall be maintained with the record of all variance actions as required by this chapter.
(10) 
Wet flood-proofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
[Ord. 2010-913, passed 9-13-2010]
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, being 42 U.S.C. §§ 4001 et seq.; 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 the city. At least 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.