Loading...
HomeMy Public PortalAboutORD11980 r ti .k 7 BILL NO. 93-90 SPONSORED BY COUNCILMAN , GREEN ^ t ORDINANCE NO. . 11100 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE LODE OF THE CITY OF JEFFERSON, M B 8,A BUI DI NGS R AND BUILDING HAZARD REGULATIONS, OF CHAPTER REGULATIONS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS k y FOLLOWS: Se i n 1. The Code of the City of Jefferson, Missouri, is hereby amended by amending Article V of Chapter 8 to read as follows: ARTICLE V. FLOOD HAZARD REGULATIONS l. S ec. 8-60. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. �1 Actuarial or risk premium rates means 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 Act and the accepted a actuarial principles. "Risk premium rates" include provisions for operating costs and f allowances. Appeal..T� A request for a review of the director of planning's interpretation of any provision of this article or a request for a variance. Area of ggecial flood hazard_. The land in the floodplain within the City of Jefferson subject to one percent or greater chance of flooding in any given year. d. The flood having one percent chance of being equalled or exceeded Base flo in any given year (100 year flood). Development. Any man-made change to improved or unimproved real estate, Including, but not limited to, buildings or other structures, mining,dredging,filling, grading, paving, excavation or drilling operations. s 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 FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures." Flood or flooding. A general and temporary condition of partial or complete i inundation of normally dry land areas from: 1. The overflow of inland waters, 2. The unusual and rapid accumulation or runoff of surface waters from p� any source. Flood insurance rate map (FIRMI, An official map of a community on which the flood insurance study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community. Flood insurance study. The official report provided by the Federal Emergency Management Agency. The report contains, flood profiles, as well as the flood boundary/floodway map and the water surface elevation of the base flood. F000dway or regulatory a�tc ry 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 foot. Floo_dway frinae. That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent chance of flood occurrence in any one year). Free. obi. 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 wave action, clogged bridge openings, and the hydrological effect or urbanization of the watershed. Highest gd,lacent grade. The highest natural elevation of the ground surface prior k to construction next to the proposed walls of a structure. f 1anufactured home. A structure, transportable in one or more sections which' ch is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management l purposes, the term "manufactured home also includes park trailers, travel trailers and i k 'N *lk` .y+„. ,. y.�. .. �'� }v i � t '�i71 � v'.'`` sy •.4 s a..t.. ;` i�� �'` 'r t..�,¢ H �' .,x.."'�.k fey ,,y, 4th'�45 r 1..n. .. ,. ✓ ^_::_41Z „t,_, .. _. _. .. _...7 ,. , ._ .. .....r.. ..._.t., x•s�. .L 'Y-.• ..c.?tr�..a..w . ,; ��� , �f�j;+t� 3���i.`ii 4`P^1� ,i.i7�.+-: ra '#�C*E 7q,�.:.'4 tyyt' 3;3}jr 'x .j,•t75r��}n.! ii�jS ..�� F . t,oN 2ry ,.��.t, •�~ .y Pr 3 other similar vehicles laced on a site for greater than one hundred eighty 180 p g 9 Y ( ) consecutive days. For insurance purposes, the term "manufactured home" does not Include park trailers, travel trailers and other similar vehicles. Manufactured home park or subdivision. A parcel (or contiguous parcels) of land _ divided into two (2) or more manufactured home lots for rent or sale. Mean sea level. The average height of the sea for all stages of the tide. Now construMion. Structures for which the "start of construction" or substantial f. improvement is commenced on or after the effective date of the FIRM. 4 r� fffF Start of construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the fe: installation of piles, the construction of columns, or any work beyond the stage of Y excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor ,.. does it include the installation of streets and/or walkways; nor does it include excavation , :t t for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (See Section 't 8-63.C.5 for accessory structure provisions.) i j4 Structure. A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above f ground. Substantial damage. 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% y of the market value of the structure before the damage occurred. (Ord. No. 11850, § 1, �. 1-26-93) Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code k OM i�rwq. . � �4 '+ ..i '1! 't ht S,J'fi i+� , 4 q• 11 1 Jt c'1.r1 ' A f I`b vF. f'�••'�� f''". t.. —xY�ttCy� ! ' , 'c i " �$��ax't•�'sb Vii, C�'.,,> � ,,�'�-7' ., ., F }, • �d . 4 ,. specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions or (2) any alteration will not preclude the structure's continued designation as an historic structure". (Ord. No. 11850, § 2, 1-26-93) . A grant or relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship. (Ord. No. 10796, § 2, 3-16-87; Ord. No. 11850, § 1 & 2, 1-26-93) Sec. 8-61. General provisions. A, Methods of reducing flood losses. In order to accomplish its purposes, this article includes methods and provisions for: ,< 1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion or to flood heights or velocities. 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. { 3. Controlling the alteration of natural floodplains, stream channels and ,., natural protective barriers which are involved in the accommodation ' of floodwaters. r 4. Controlling filling, grading, dredging and other development which may increase erosion or flood damage. 5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodway waters or which may increase flood . `4 hazards in other areas. B. Lands to which this article applliss This article shall apply to all areas of special flood hazards within the jurisdiction of City of Jefferson, Missouri. C. Basis for 961ablishing the areas of special flood hazards 1. The areas of special flood hazard identified by the Federal Emergency Management Agency through a scientific and engineering report entitled The Flood Insurance Study for the City of Jefferson,, Missouri Cole and Callaway Counties. dated October 1979, with accompanying flood insurance rate maps (and flood boundary and floodway maps) with any revisions thereto are hereby, .,� ;. .• s '# :. � y... . :{y�i, .j ",'..s2'tq, a w,'�.s.y. t .� ;�' ' �'s i as � c 1 . .'�,r.e lf+`a! ;. . . . / -ro.�.; � ._..r.. r •.. _ _. y.r _ _ ,Wit.?�.`_,.��. .,� S,t..,.l qu.,.... .. use. •4•_ . ,.raw ...... .. _ ... ..._. .. .. =,;' ? iV y r. r Y. 5 adopted by reference and declared to be a part of this article. The flood insurance study is on file in the office of the city clerk. 2. ' The special flood hazard areas of territory annexed to the city since October 1979, shall be those flood hazard areas identified in the report entitled The Flood Insurance Study for the County of Cole Missouri. Unincorporated Areas, and accompanying maps, dated June 15, 1981. 3. The areas of special flood hazard elevations in territory consolidated with the City in 1989 shall be those flood hazard area elevations identified in The Flood Insurance Study of Cedar City, Missouri, Callaway y County, dated July 8, 1983, and The Flood Insurance, Rate Mao. City of Cedar City, Missouri Callaway County, dated January 18, 1984. D. Penalties for noncom liange. No structure or land shall hereafter be constructed, located,extended,converted or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article, or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exception) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof 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 be considered a separate offense. Nothing herein contained shall prevent the City of Jefferson, Missouri, or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. E. Abrogation and greater restriction. This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation. In the interpretation and application of this article, all provisions shall be considered as minimum requirements; shall be liberally construed in favor of the governing body; and shall be deemed neither to limit nor repeal any other powers.granted under state statutes. '.:t' Nt /.�. t ;..r7rs• r '; � `y� r 2`"u a t / a'w'i..k� y`.Yyv .1 .y.`y 7a,c}4r.,t, x�, µ} .,�k� .. 1:•.- r...... a.l.... , t :/ !�M.r:: .. _ ., .. __-!r'.t .-.1 2.„ \ ... ._ .. :^.�A` ��sY x7:, ..Ti.. a .:/_. - ..sir 6 G. Warning and disclaimer of liability. The degree of flood protection required ` by this article is considered reasonable for regulatory„c g ry purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not . `: imply that land outside the area of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Jefferson, Missouri, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. No. 10796, § 2, 3-16-87) Sec. 8-62. Administration. A. Establishment of a development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 8-61. No person, firm, or corporation 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 8-61. Application for a development permit shall be made on forms furnished by the director of planning and code enforcement and may include, but not 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 material, 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 all structures. i 2. Elevation in relation to mean sea level to which any nonresidential structure is to be floodproofed. 3. Certification from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing n;. criteria in Section 8-63. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. Elevations required for the application shall be provided by a registered professional engineer, architect or land surveyor. B. Designation of the local administrator. The director of planning and code enforcement hereinafter referred to as the director of planning, is hereby appointed to administer and implement the provisions of this article by. granting or denying development permit applications in accordance with the provisions of this article. E , r tt f' A (r +n .}'r2•,.; �'.., vl .3 71 fo'P p �t r { 7 C. ,es and rqs onslUlilies of dIrpotor of olannina Duties of the director of planning or his designee shall include, but not be limited to: 1. Review all development permit applications to assure that sites are reasonably safe from flooding and that the permit requirements of this article have been satisfied. 2. Review all development p permit applications for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. This shall include, but not be limited to, obtaining the permits required by Chapter 18, Stormwater Management. 3. When base flood elevation data has not been provided in accordance with Section 8-61, then the director of planning shall obtain, review and reasonably utilize any base flood elevation or fioodway data available from a federal, state or other source, in order to administer the provisions of Section 8-63. 4. Verify, record and maintain record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. 5. Verify, record and maintain record of the actual elevation (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 the director of planning shall obtain certification from a registered professional engineer or architect. 7. Notify adjacent communities and the Missouri Department of Natural Resources prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency. 8. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. r { ! 4 T� .. t..t a __ , : r�ei:_.._.sw_.e-s.,..,'.....r�.,. . .,,__..... . `r ;.. ..4.t'��,_ ,.,_�.,..,..,.....,t. .,:.. ..... .. .I..':f ... ... '.A.,..►' t rr� .ri P ' 9. Where interpretation is needed as to the exact location of the * boundaries of the areas of special flood hazards (for example, where +, there appears to be a conflict between a mapped boundary and actual field conditions) the director of planning shall 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. 10. All records pertaining to the provisions of this article shall be maintained in the office of the director of planning and shall be open for public inspection. „ D. Variance procgdures: R. 1. The zoning board of adjustment, as established by the City shall hear and decide appeals and requests for variances from the requirements of this article. 2. The zoning board of adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the director of planning in the enforcement i.; or administration of this article. 3. Any person aggrieved by the decision of the zoning board of adjustment or any taxpayer may appeal such decision to the circuit court as provided in Chapter 89 RSMo., 1980. 4. In passing upon such applications, the zoning board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and: a. The danger that materials may be swept onto other lands to the injury of others; b. The danger of life and property due to flooding or erosion damage; 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; iiii 15" r. ''�. I # .x �, ", i,r"nz 1 y ,X t`St.. },. tl:.,,<v, g� 1.1. .clL y' s ,,ciao ti u .✓ V .7.1! i•... ., .i ... _ _ . :9'� —1 a._,, .. S.i. 3,..r,� �.... ..�.°,I.. ,....x.,!'....,}.,,....,.\.... ..."_ .a._...A,.r. ,___.i;.,. i...: _ _ : '✓ � r Y t �Sd f' �� 9 ®. The necessity to the facility to a waterfront location, where applicable; f, The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 9• The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the c ha areansive am for t plan and floodplain management progr I. The safety of access to the property in times of flood for ordinary and emergency vehicles; The expected heights, velocity, duration, rate of rise wave j sediment transport of the floodwaters and the effects action, if applicable, expected at the site; and, k. The costs of providing governmental services during a¢d public flood conditions, including maintenance and repair o p utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. E. Conditions for variances: 1. Variances may be issued for .the reconstruction, ehabof Historic n restoration of structures listed on the National Register Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 2• Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. r 4 < {( {� }y.' :► �t,� J.'�.�.S,y t w ,.a._M+. i`en'i, !"Y.k !F6144J.1 10 4. Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variancG 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, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 5. 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 floor elevation. 6. The board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. 7. The director of planning shall maintain the records of all appeal actions and report any variances to the federal emergency management agency upon request. Sec. 8-63. Provisions for flood hazard reduction. A. General standards In all areas of special flood hazards (Zones A and A1- 30) the following provisions are required: 1. All new construction, including manufactured homes, and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, • including the effects of buoyancy. 2. All new construction and substantial improvements shall be constructed with materials resistant to flood damage. 3. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 4. All new construction and substantial improvements shall be" constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. h^ 'i,u y , W t 5. In the event an excavation is made on land adjacent to special flood hazard areas which places the lowest floor, including basement, elevation at or below the 100 year flood elevation plus one foot, the structure shall, for the purpose of these regulations, be considered as being in a special flood hazard area. 6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system, 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 9. The storage or processing of materials that are in time of flooding buoyant, flammable,explosive or could be injurious to human, animal or plant life is prohibited. 10. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 11. That until a floodway has been designated, no development, including landfill, may be permitted within Zones A,1-30 and AE on the city's FIRM unless the applicant of the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than one foot on the average cross-section of the reach in which the development or landfill is located as shown on the flood insurance rate study incorporated by reference in Section 8-61 of this article. r S. Standards for subdivision proposals: 1. All subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. �'4 :;1r:.f. ,.` i'✓ v it }Se}<-,'(�3 ra �`6zs� r `}•,. :s .+rv• .1.� t,��yy.aI j - SkrA'S b iF-a yEp H t w^ ': j ' I itW .. .'J a .... � 5� :��.......3 l _ n.J,.� i _. }' ... .. _L. '.Zr+✓r-. ... .. .-. 1 }`1f`,�.—wx �i!' _ _ ..✓.i' 4. y M x ' it � h r•F: t ` is . t , 12 �5 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including proposals for manufactured home parks and subdivisions), which is greater than either fifty (50) lots or five (5) acres. C. Specie standards. In all areas of special flood hazard, where base flood elevation data has been provided as set forth in Suction 8-61 or Section 8-62 (Zones A1- 30), the following provisions are required: 1 . Residential Construction: New construction or substantial improvements of any residential structure shall have the lowest floor, ? including basement, elevated to or above the base flood elevation r plus one foot. As a minimum, two elevation certifications shall be required with one being required prior to the issuance of a Flood Plain Development Permit and a second being required after completion of construction. Elevation certifications shall be provided by a registered professional engineer, architect or land surveyor. On existing structures where no change is made to the existing floor elevation the Director of Planning may waive the requirement for the k second elevation certification. 2. Nonresidential Construction: New construction or substantial ' improvement of any commercial, industrial or other nonresidential ' structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation plus one foot or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The floodproofed structure shall not move, float, leak, collapse, nor be substantially damaged by water pressure, erosion, water current or debris loading. Y. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 8-62. As a minimum t one certification shall be required prior to the issuance of a Flood Plain Development Permit and a second certification shall be required after construction is complete. „ (4 s1 � a 1 4 !![[ ?G�n1♦ . ._4t.'4} ."' t✓..,7..'.,..i. �i'+th �3 :t _.}'^} / �.�,r _ ,_?v _ .Z�''t .;:ry! 1 .-ilA. �`tt x.t^{{s{•� :'SMN;... r1. 13 3. Pressurized and flammable liquid tanks. . a. Pressurized and flammable liquid tanks are nonresidential structures. The installation of such tanks shall comply with the Nonresidential Construction Standards (Sec. 8-63.C.2) and the more restrictive standards of this subsection. b. Standards for pressurized and flammable liquid tanks. A tank located in a flood hazard area shall be installed so the tank, when full, partially full, or empty, will not float, move, leak or collapse during a rise in water level up to the 100 Year Flood Elevation plus one foot. Tank vents or other openings which are not liquid-tight shall be extended above the 100 Year Flood Elevation plus one foot. Tank piers, footings, vent stacks and any other support, anchorage or mechanical attachments shall be installed with sufficient mass and to a depth sufficient to prevent movement or destruction by erosion, current or debris loading. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Sec. 8-62 and Sec. 8-63.C.2. 4. Requirement for All New Construction and Substantial Improvements: That fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided., The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 5. Manufactured Homes: a. All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Manufactured homes must be . anchored in accordance with state and local building codes, i. L�.11.LGt 14 and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met: (1) Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, and manufactured i a d homes less than fifty (50) feet long i requiring only one additional tie per side; (2) Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring only four (4) additional ties per side; (3) All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (4) Any additions to the manufactured home shall be similarly anchored b. Require that all manufactured homes to be placed within Zones Al-30 on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevations plus one foot; and be securely anchored to an adequately ' anchored foundation system in accordance with the provisions t of subsection C.4 of this section. r= 6. Accessory Structure: An accessory structure is a structure whose use is incidental, customary and subordinate to the principal building on a lot and whose size and cost is small when compared to the principal building. a. A residential accessory structure shall fully comply with the specific standards for residential construction as found in' Section 8-63.C.1. b. A nonresidential accessory structure shall fully comply with the specific standards for nonresidential construction as found in Section 8-63.C.2. 15 7. Subterranean parking prohibited. A parking facility having a floor which is more than 6 feet below grade is a subterranean parking facility and Is prohibited in special flood hazard areas. D. ,FIondwgs,, Located within areas of special flood hazard established in Section 8-61 are areas designated as floodway. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1 . Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification by. a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. 2. If subsection DA above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 8-64. 3. In Zone A unnumbered, obtain review and reasonably utilize any floodway data available through federal, state or other sources or subsection B.4 of this section in meeting the standards of this section. (Ord..No. 10796, § 2, 3-16-87) Sec. 8-64. Nonconforming use. A. A structure or the use of a structure or premises which was lawful before the passage or amendment of the original Flood Hazard Ordinance, but which is not in conformity with the provisions of this article, may be continued subject to the following conditions: 1. If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this article. 2. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, except that if it is reconstructed In conformity with the provisions of this article. This limitation does not include the cost of i' tam "77; -L it'A fi r 16 any alteration to comply y with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National -G` Register of Historic Places or a state Inventory of historic places. <' (Ord. No. 10796, § 2, 3-16-87) r Sec. 8-65. Amendments. A. The regulations, restrictions and/or boundaries set forth in this article 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 in 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 of Jefferson, Missouri. B. 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 Federal Emergency Management Agency. (Ord. No. 10796, § 2, 3-16-87) Sec. 8-66. Authority. These regulations are in accordance with those sections of the Revised Statutes of the State of Missouri which permit cities to adopt codes and ordinances designed to promote the public health, safety and general welfare of its citizenry. The regulations of this article are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations. (Ord. No. 10796, § 2, 3-16-87) Sec. 8-67. Validity. If any ,section subsection, sentence s , , clause or phrase of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The council of the City of Jefferson hereby declares that it would have passed this article and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. No. 10796, § 2, 3-16-87). -q(ry . }:f ,; ..;A"' ,t i' Z `` i' t'F tty c y.w.a. ;,.4 cj�•��l '!A i4.;tr�}, •erl��^�i,�y. 4l Y r►.M' ..4.. r.v_. a "`'�... / '..rY.l��_.__.� .,.r ,.. .1.. _.a ti...... ..�:t.. _a..)^...._.u.... ♦..a . ..t.... . ....vxr14'.. .L.,! _x. ... .. .. ..rt:t~ • • •� 1 y • / i • • • • = • • • L. r t e9 N1 tv' fy' •rA 1 i.• v s k 4 1 hF. I i i I i S } L t • ` r Sir t H f s J, {. r i r .� s .k.a.•(4�r`'�. �� �.^�� S f�j 't f s•..,Z J � i� + S� \�•n f r � +� t � t �J���� .t � s r, A .:s �r a y� F� tr ( rr'r y ;{ rt Y. Y' :• � � + ?x �t Ss r, y � � S '� r i � � ?$'1 e r/j�4S t ��� n., S r• .r. �. t t' a Jr rq �. +•!,•� y.. r aL r7f � p r s,:'3'v �tT:tt 5 � � t� e s r r � r i ��r. ,y � rtf;.�*.r r S ..,, 4 t r: r•' :Sr• f t t � � 4� r : �.�• .. J _ ._ ,r'1t r. ., •R�,l�;'t{r1,7tr�`..M''�C.w r :•i 1 ..rl.. iik •raw•=v:w.r..�