HomeMy Public PortalAboutORD10796 BILL NO. 86-192
SPONSORED BY COUNCILMAN WOODMAN _
ORDINANCE NO. � '() .) el&-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE 9404, AND ALL AMENDMENT, THERETO, THE FLOOD HAZARD
ORDINANCE, AND AMENDING THE CODE OF THE CITY OF JEFFERSON BY
ENACTING A NEW ARTICLE V, FLOOD HAZARD REGULATIONS, TO CHAPTER 7
OF THE CODE OF THE CITY OF JEFFERSON AND REPEALING SECTION 7-4 OF
THE CODE.
WHEREAS, The flood hazard areas of the City of Jefferson,
Missouri are subject to periodic inundation which, results
in loss of life, property, health and safety hazards,
disruption of commerce and governmental services, extra-
ordinary 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; and
WHEREAS, These flood losses are caused by the cumulative
effect of obstructions in flood plains causing increases in
flood heights and velocities, and by the occupancy in flood
hazard areas by uses vulnerable to floods or are hazardous
to other lands which are inadequately elevated,
Ak floodproofed, or otherwise unprotected from flood damages;
and
WHEREAS, It is the purpose of this ordinance to promote the
public health, safety and general welfare and to minimize
public and private losses due to flood conditions in
specific areas by provisions designed:
1 ) To protect human life and health;
2) To minimize expenditure of public money for costly
flood control projects;
3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
4) To minimize prolonged business interruptions;
5) To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in flood plains;
6) To help maintain a stable tax base by providing
for the sound use and development of flood-prone
areas in such a mariner as to minimize future flood
blight areas;
7) To insure that potential home buyers are notified
that property is in a flood area; and
8) To insure that those who occupy the areas of
special flood hazard assume responsibility for
their actions.
NOW, THEREFORE, BE IT ENACTED BY THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Ordinances 9404, the Flood Hazard Ordinance, together
with all amendments thereto, and Section 7-4 of the Code of
the City of Jefferson are hereby repealed.
Section 2. The Code of the City of Jefferson is hereby amended
by the addition of a new Article V to Chapter 7, to read as
follows:
ARTICLE V FLOOD HAZARD REGULATIONS
Sec. 7-60. 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.
"Actuarial or Risk Premium Rates " mean 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 actuarial principles. "Risk
premium rates" include provisions for operating costs and
allowances.
"Appeal" means 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 special flood hazard" is the land in the flood
plain within a community subject to one per cent or greater
chance of flooding in any given year.
"Base flood" means the flood having one per cent chance of
being equalled or exceeded in any given year.
"Development" means 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.
"Existing construction" means (for the purposes of determin-
,
ing 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 "floods�" means a general and temporary condi-
tion of partial or complete 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 any source.
"Flood Insurance Rate Map (FIRM)" means 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" is the official report provided by
the Federal Emergency Management Agency. The report con-
tains flood profiles, as well as the Flood Boundary/Floodway
Map and the water surface elevation of the base flood.
"Floodway" or "Regulatory Floodway" means the channel of a
river or other watercourse and the adjacent land areas that
must be reserved in carder to discharge the base flood
without cumulatively increasing the water surface elevation
more than one foot.
"floodway Fringe" is that area of the flood plain, outside
of the floodway, that on the average is likely to be flooded
once every 100 years (i.e. , that has a one per cent chance
of flood occurrence in any one year) .
"Freeboard" means a factor of safety usually expressed in
feet above a flood level for purposes of flood plain manage-
ment. 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 of urbanization of the
watershed.
"Highest adjacent grade" means the highest natural elevation
of the ground surface prior to construction next to the
proposed walls of a structure.
"Manufactured home" means a structure, transportable in one
or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation
when connected to the required utilities. For flood plain
management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 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" means a parcel (or
contiguous parcels) of land divided into two or more man-
ufactured home lots for rent or sale.
"Mean Sea Level" means the average height of the sea for all
stages of the tide.
"New ccnstruction" means structures for which the "start of
construction" or substantial improvement is commenced on or
after the effective date of the FIRM.
"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 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 slab or footings, the installation of piles, the
construction of columns, or 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; nor does
it include the installation of streets and/'or walkways; nor
does it include excavation 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 Sec. 7-
63(c)( 5) for accessory structure provisions. )
"Structure" means 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
ground.
"Substantial improvement" means any :repair, reconstruction,
or improvement of a structure, the cost of which equals or
exceeds 50 per cent of the market value of the structure
either, ( 1 ) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred. For the purpose of this defini-
tion "substantial improvement" is considered to occur when
the first alternation of any wall, ceiling, floor, or other
structural part of the building commences, whether or not
that alteration affects the external dimensions of the
structure. The term does not, however, include either ( 1)
any project for improvement of a structure to comply with
existing, state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
AMk living conditions, or (2 ) any alteration of a structure
listed on the National Register of Historic Placers or a
State Inventory of Historic Places.
"Variance" is a grant of relief to a person from the re-
quirements of this Article which permits construction in a
manner otherwise prohibited by this Article where specific
enforcement would result in unnecessary hardship.
Section 7-61. 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 flood plains,
stream channels, and natural protective barriers which
are involved in the accommodation of flood waters.
(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 w ll 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 of special flood
hazards within the ,jurisdiction of City of Jefferson,
Missouri.
(c) Basis for Establishing the Areas of Special Flood Hazard
(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 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 Clark.
(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.
(d) penalties for Non-Compliance
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 ($10.00) dollars and not
more than one hundred ($100.00) dollars and in addition
shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate
offense.
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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
restriction. 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: (1 ) considered as minimum require-
ments; (2) liberally construed in favor of the governing
body, and (3) deemed neither to limit nor repeal any other
powers granted under state statutes.
(g) Warning and Disclaimer of Liability
The degree of flood protection required by this Article
is considered reasonable for regulatory 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 deciaion lawfully made thereunder.
Section 7-62. Administration
(a) Establishment of a Development Permit
A Development Permit shall be obtained before construc-
tion or development begins within any area of special flood
hazard established in Section 7-61. 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 7-61. 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.
(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 non-residential
floodproofed structure will meet the floodproofing
criteria in Section 7-63.
(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
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applications in accordance with the provisions of this
article.
(c) Duties and Responsibilities of Director of Planning
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 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 Ordinance
No. 10557, the Storm Water Drainage Ordinance.
( 3 ) When base flood elevation data has not been
provided in accordance with Section 7-61, then the
Director of Planning shall obtain, review, and
reasonably utilize any base flood elevation or floodway
data available from a Federal, -mate or other source,
in order to administer the provisions of Section 7-63.
(4) Verify, record and maintain record of the actual
elevation (in ralation 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 floodproo£ing 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.
( S) Assure that maintenance is provided within the
altered or relocated portion of said 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 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 Procedures
(1) The Zoning Board of Adjustment as established by
the City of Jefferson, Missouri, 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 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. , 1986.
(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 ordinance, 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;
e) 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;
g) the compatibility of the proposed use with
existing and anticipated development;
h) the relationship of the proposed use to the
comprehensive plan and flood plain management
program for that area.
i) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
J ) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters
and the effects of wave action, if applicable,
expected at the site; and,
k) 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.
(5) Conditions for Variances
(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 items (b-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 or the State
Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
(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 'ire 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 (i) a showing of
good and sufficient cause, (ii) a determination that
AM failure to grant the variance would result in
exceptional hardship to the applicant, and ( iii) 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) 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.
(g) The Board of Adjustment may attach such conditions to
the granting of variances as it deems necessary to
further the purposes of this Article.
(h) The Director of Planning shall maintain the records of
all appeal actions and report any variances to the
Federal Emergency Management Agency upon request.
(6) Variance for Accessory Structure.
The only finding the Board must make is that, except
for the maximum floor area provisions, a particular
structure having a total floor area of more than 650 square
feet is, in fact, an accessory structure. The findings
AM shall be based on determinations that:
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(a) The use of the structure being considered is
incidental, customary and subordinate to the use of the
principal building on a lot; and
(b) The size and cost of the structure being considered is
small when compared to the principal building.
Section 7-63. Provisions For Flood hazard Reduction
(a) General Standards
In all areas of special flood hazards (Zones A and Al-
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.
(5) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system.
(6) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood eaters.
(7) Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
(8) 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.
(9 ) 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.
(10) That until a floodway has been designated, no
development, including landfill, may be permitted
within zones Al-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
( 1) 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; Section 7-61 of -this ordinance.
(b) 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
AM damage.
(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 50 lots or
5 acres.
(c) Specific Standards
In all area of special flood hazards where base flood
elevation data had been provided as set forth in Section 7-
61 or Section 7-62, (Zones A1-30) the following provisions
are required:
(1) Residential Construction - New construction or substan-
tial improvement of any residential structure shall
have the lowest floor, including basement, elevated to
or above the base flood elevation
(2) Non-Residential Construction - New construction or
substantial improvement of any commercial, industrial
or other non-residential structure shall either have
the lowest floor, including basement, elevated to the
level of the base flood elevation 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. 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 7-62.
(3) Require 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 meat or exceed
the following minimum criteria: A minimum of two
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,
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valves, or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
(4) Manufactured Domes
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 and FFMA 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:
(i) over-the-top ties be provided at each of the four
corners of the manufactured home, with two
additional ties per side at intermediate locations
and manufactured homes less than 50 feet long
requiring only one additional tie per side;
(ii) frame ties be provided at each corner of the home
with five additional ties per side at intermediate
points and manufactured homes less than 50 feet
long requiring only four additional ties per side;
(iii) all components of the anchoring system be capable
of carrying a force of 4,800 pounds; and
(iv) any additions to the manufactured home 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; and be securely anchored to an adequately
anchored foundation system in accordance with the
provisions of subsection (c) (4)a) of this Section.
( 5) Accessory Structure - A structure whose use is
incidental, customary and subordinate to the principal
building on a lot and whose size and coat is small when
compared to the principal building. The maximum total
floor area of an accessory structure shall not exceed
650 square feet (See Section 7-61(d)( 6) . Variance for
Accessory Structure) . Accessory structures include,
but are not necessarily limited to, detached garages,
sheds and aircraft storage hangars. An approved
Development Permit must be secured prior to the
construction of an accessory structure and the
application for a Development Permit must contain or be
accompanied by:
a) An application for a Building Permit showing the
location of the Accessory structure on the lot,
the proposed type of construction, and the
location of service facilities, such as electrical
and heating facilities.
b) A Statement signed by the owner specifying that:
(i) the accessory structure will not be used for human
occupancy.
(ii) all contents subject to flood damage can be
removed in a short time with minimum effort.
(iii) the owner is aware that the cost of flood
insurance for -the structure and contents will be
significantly higher than the rates for a similar
structure which has been elevated to the base
flood elevation.
c) A certification signed by a registered
professional engineer or architect specifying that
if the structure is constructed as designed and
placed on the lot as planned:
(ia the structure will have low flood damage
potential.
(ii) the structure will be anchored in a manner to
prevent flotation.
(iii) the placement of the structure on the lot
will cause no more resistance to the flow of
floodwater;- than would a similar accessory
structure elevated on fill and/or the building
will be constructed on the site so as to offer the
minimum resistance to the flow of floodwaters.
(iv) service facilities, such as electrical and
heating facilities, will be elevated above the
base flood elevation.
d) Accessory structures must be built in accordance
with the specifications contained in the
Development Permit.
(d) Floodways
Located within areas of special flood hazard
established in Section 7-61 are areas designated as
floodways. Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry debris,
potential projectiles and erosion potential, the following
provisions shall apply:
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1p ( 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 (d) (1) of this subsection is satisfied,
all new construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of Section 7-64.
(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.
Section 7-64. NON-CONFORMING 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 ordinance.
(2) Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as non-conforming
uses.
(b) If any non-conforming use or structure is destroyed by
any means, including flood, it shall not be reconstructed if
the cost is more than 50 per cent 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 any
alteration to comply 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
Register of Historic Places or a State Inventory of Historic
Places.
Section 7-65. AMENDMENTS
The regulations, restrictions, 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.
At least 20 days shall elapse between the date of this
publication and the public hearing. A copy of such amend-
ments will be provided to the Federal Emergency Management
Agency.
Section 7-66. 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.
Section 7-67. VALIDITY
If any section, subsection, sentence, clause or phrase
of this Article is for any .reason held to be unconstitu-
tional, 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.
SECTION 3. This ordinance shall be in full force and effect
from and after its passage and approval.
Passed: 1� �G , /�� s 7 Approved:
Pr siding Officer Mayor
ATTEST:
City Clerk