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HomeMy Public PortalAboutORD13848 e BILL NO. 2004-142 SPONSORED BY COUNCILMAN Martin ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 8-61 OF THE CITY CODE PERTAINING TO ADOPTION OF THE 2005 FLOOD INSURANCE RATE MAPS FOR THOSE PORTIONS OF THE CITY SITUATED IN CALLAWAY COUNTY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter Eight, Article VI, Section 8-61, is hereby amended to read as follows: Sec. 8-61. General provisions. A. Methods or reducing flood losses. In order to accomplish its Ixn•poses,this article includes methods and provisions Ior: 1. Restricting or prohibiting uses which arc dangerous to health,safety,and ® property duc to water or erosion or to flood heights or velocities. 2. Requiring that uses vulnerable to flood`. including facilities which serve such uses, be protected against flood damage at the time or initial construction. 3. Controlling the alteration or natural floodplains, stream channels and natural protective barrios which are involved in the accommodation or floodwaters. 4. Controlling filling,grading,dredging and other development which may increase erosion or flood damage. 5. Preventing or regulating (lie construction or flood barriers which will unnaturally divert floodway waters or which may increase flood hazards in other areas. B. Lands to which this article applies. This article shall apply to all areas orspecial flood hazards within thc,iurisdiction ol'City or.lefTerson, Missouri. C. Basis Ior establishing the areas orspecial flood hazard: I. The areas or special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled The Flood Insurance Study Ior the City orJeflcrson, Missouri, Cole and • Drarter's Note: Deleted text is shown tlmx. Inserted test is shown thus. C:\Myl-'iles\Council\Ordinances\2004-142,wpd Callaway Counties, dated October 1979, with accompanying flood insurance rate maps (and flood boundary and tloodway maps) with any revisions thereto are hereby adopted by ref'crence and declared lobe a part ol'this article. The flood insurance study is on f ile in the oflice ol'the city clerk. 2. The special flood hazard areas of territory annexed to the city since October 1970, shall be those flood hazard areas identified in the report entitled The Flood Insurance Study for the CoUntV of t_'olc, Missouri, Unincorporated Areas, and accompanying maps,dated.tune 15, 1981. the mc, mitimis in .. chited !lily H, if) , f . All areas of special flood hazard within (lie fjjj limits and located in C:hammy County, Missouri, identified in The Flood insurance Study of Callaway County, Missouri, dated February 18 2005 and aceontnanyinL flood insurance rate mars and flood►way Ina vs) with ay revisions thereto are hereby adopted by reference and declared to be L►p trt of this article. D. Penalties for noncompliance. No structure or land shall hereafter be constructed, located,extended,converted oraltered Without 11111 compliance with the terns of this article and other • applicable regulations. Violation of t!►e provisions of this article or failure to comply with any of its requirements (including violations ol'conditions and safeguards established in connection with grants ofvariances or•special exception)shall cotlstiturte a nrisdenneanor. Any person who violates this article or fail,to comply with any ol'its requirements shall upon conviction thereol'be fined not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall he considered a separate offense. Nothing herein contained shall prevent the City ol'.leflerson,Missouri,or other appropriate authority lion taking such other lawFul action as is necessary to prevent or remedy any violation. 1.. Abrogation and greater restriction. 'I his arlicle is not intended to repeal,abrogate or impair any existing casements, covenants or deed restrictions. 1 lowever. where this arlicle and another conllict or overlap, whichever imposes the more st•ingrnt restrictions shall prevail. F. Interpretation.In the interpretation and application ofthis article,all provisions shall be considered as minimum requirements:shall he liberally construed in favor of the governing body: and shall be deemed neither to limit nor repeal any other powers granted uudcr state statutes. G. Warning and disclaimer of liability• The degree ofllood protection required by this article is considered reasonable fur regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may he increased by Horn-made or natural causes. This article does not imply that land outside the area ofspecial flood hazard or uses permitted within such areas Will be free from flooding or flood damages, This article Drafter's Note: [deleted text is shown thin. Inserted text is shown thus, C:\Myl"iles\Council\Ordinances\2004-142.wpd 2 shall not create liability oil the part or tile City orJerfcrson, Missouri,or by any ollicer or employee thereol'for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ApPrgv9d:(,� �. /! !� '�V��� lam" '�..... '��', l L,�/�J / _✓�-.�.._ Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: 9 ' City CleYk­ City Counselor Draf'ter's Note: Deleted text is shown tlttm. Inserted text is shown thus. C:\MyFiles\Council\Ordinanccs\2004-142.wpd 3