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HomeMy Public PortalAboutORD09404 VILA. BILL N0. r ` INTRODUCED BY COUNCILMAN f { ORDINANCE NO. t: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING SPECIAL REQUIREMENTS FOR THE CONSTRUCTION OF BUILDINGS WHEN LOCATED IN THE DESIGNATED FLOOD HAZARD AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. PURPOSE, OBJECTIVE AND FINDINGS OF FACT A. Statement of Purpose 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 pro- visions designed to: 1) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities. 2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. 3) Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters. 4) Control filling, grading, dredging and other develop- ment which may increase erosion or flood damage. 5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may in- crease flood hazards to other lands. 6) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program. B. Objectives The objectives of this ordinance are: 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 manner as to minimize future flood blight areas; and, 7) To insure that potential home buyers are notified that property is in a flood area. i C. Findings of Fact 1) 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, dis- AOL of commerce and governmental services, extra- ordinary public expenditures for flood protection and re- lief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2) 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 hazardous to other lands which are inadequately elevated, floodproofed, or otherwise protected from flood damages. SECTION 2. DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Appeal - A request for a review of the Director of Planning and Code Enforcement' s interpretation of any provision of this ordinance or a request for a variance. Area of special flood hazard - Is the land in the flood plain within a community subject to a one (l%) percent or greater chance of flooding in any given year. Base flood - The flood having a one (1%) percent chance of being equaled or exceeded in any given year. Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations. Flood or flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters. 2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Ma (FHBM) and Flood Insurance Rate Ma (FI ) 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 Insurance Administration. The report contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. Floodway fringe - 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 (1%) percent chance of flood occurrence in any one year) . Floodwa - 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. Habitable floor - Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor" . Mean Sea Level - The average height of the sea for all stages of the tide. 2 - Mobile Home - A structure, transportable in one or more sec- tions, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. { New Construction - Structures for which the "start of construc- tion commenced on or after the effective date of this ordinance. Start of Construction - The first placement of permanent con- struction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its pilings or founda- tion. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of con- struction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installa- tion of utilities) is completed. Structure - A walled and roofed building that is principally above ground, as well as a mobile home. Substantial improvement - Any repair, reconstruction, or improve- ment 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 definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the 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 living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inven- tory of Historic Places. Variance - A grant of relief to a person from the requirements of this ordinance which permits construction in a manner other- wise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. SECTION 3. GENERAL PROVISIONS A. Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Jefferson, Missouri. B. Basis for Establishing the Areas of Special Flood Hazard. • The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "The Flood Insurance Study for the City of Jeffer- son, Missouri, Cole and Callaway Counties" , dated October, 1979, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps and any revision thereto are hereby adopted by reference and declared to be a part of this ordinance. 3 - C. Establishment of Development Permit A Development Permit shall be required in conformance with the provisions of this ordinance. D. Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. E. Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or im- pair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation In the interpretation and application of this ordinance, 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 ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods r:an and will occur on rare occasions. Flood heights may be in- creased by man-made or natural causes. This ordinance does not imply that land outside the areas will be free from flood- ing or flood damage. This ordinance 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 ordinance or any administrative decision lawfully made thereunder. SECTION 4. ADMINISTRATION A. Designation of the Administrator The Director of Planning and Code Enforcement, hereinafter referred to as "the Administrator" , is hereby appointed to ad- minister and implement the provisions of this ordinance. B. Duties and Responsibilities of the Administrator Duties of the Administrator shall include, but not be limited to: 1) Review all development permits to assure that sites are reasonably safe from flooding and that the permit re- quirements of this ordinance have been satisfied. 2) Review permits 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. 3) Notify adjacent communities and the Missouri Disaster Planning and Operations Office prior to any alterations or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration. 4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood . . carrying capacity is not diminished. 5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including base- ment) of all new or substantially improved structures. 4 - 6) Verify and record the actual elevation (in relation to mean sea leavel) to which the new or substantially im- proved structures have been floodproofed. 7) When floodproofing is utilized for a particular structure the Administrator shall obtain certification from a registered professional engineer or architect. 8) Where interpretation is needed as to the exact loca- tion 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 Adminis- trator shall make the necessary interpretation. The per- son contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. 9) When base flood elevation data has not been provided in accordance with Section 3.B, then the Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, state or other source, in order to administer the provisions of Section 5. 10) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Adminis- trator and shall be open for public inspection. C. Permit Procedures Application for a Development Permit shall be made to the Administrator on forms furnished by him. In addition to the information required on all applications for a building permit the applicant for a Development Permit shall also furnish: 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 has been floodproofed. 3) Provide a certificate from a registered professional engineer or architect that the non-residential floodproofed structure meets the floodproofing criteria Section 5 C (2) . 4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Elevations required for the application shall be provided by a registered professional engineer, atchitect or land surveyor. D. Variance Procedures 1) The Board of Adjustment as established by the Jeffer- son Zoning Ordinance shall hear and decide appeals and re- quests for variances from the requirements of this ordin- ance. 2) The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Administrator in the enforcement or administration of this ordinance. 3) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided in Chapter 89. 010 to 89.480 of the Revised Statutes of the State of Missouri. 4) Variances may be issued for the reconstruction, re- habilitation 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. 5 - ' + 5) In passing upon such applications, the 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 to life and property due to flooding or erosion damage; ce 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 pro- posed facility to the community; e. the necessity to the facility of a waterfront loca- tion, where applicable; f. the availability of alternative locations, not sub- ject 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 compre- hensive plan and flood plain management program for that use; 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. 1. generally variances may be issued for new construction and substantial improvements to be erected on a lot on one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (k) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 6) Upon consideration of the factors listed above and the purposes of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. 7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 8) Conditions for Variances a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. • b. 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 grant- ing of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public 6 r expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. C. 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. d. The Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. SECTION 5. PROVISIONS FOR FLOOD HAZARD REDUCTION A. Areas of Special Flood Hazard The areas of special flood hazard of the City of Jefferson, Missouri, are designated on the "Floodway, Flood Boundary and Floodway Map" , as prepared by the U. S. Department of Housing and Urban Development, Federal Insurance Adminis- tration, for the City of Jefferson, Missouri, and having an effective date of April 15, 1980. The areas of special flood hazard in the City of Jefferson, Missouri, shall be the areas designated as "Floodway" and "Floodway Fringe" on said map. B. General Standards In all areas of special flood hazards the following pre- visions are required: 1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; 2) All new construction and substantial improvements shall be constructed with materials and utility equipment resis- tant to flood damage; 3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 5) 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 waters; and, 6) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 7) 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. . 8) Storage of other materials 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. C. Specific Standards In all areas of special flood hazards where base flood eleva- tion data has been provided as set forth in Section 3.B, Section 4.B and Section 5.A, the following provisions are required: 1) Residential Construction - New construction or sub- stantial improvement of any residential structure shall 7 - have the lowest floor, including basement, elevated to or above 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 low- est 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 the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall cer- tify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 4.C (3) . 3) Mobile Homes - No mobile home shall be placed in the special flood hazard areas. D. Standards for Floodways Located within areas of special flood hazard established in Section 3.B and described in Section 5.A 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 pro- visions shall apply: 1) In the floodway there shall be no encroachments, in- cluding fill, new construction, substantial improvements and other developments unless certification by a professional registered 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 Section 5.D. (1) is satisfied, all new construction and substantial improvements shall comply with all appli- cable flood hazard reduction provisions of Section 5. E. Standards for Subdivision Proposals in Areas of Special Flood Hazard. 1) All subdivision proposals 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. 3) All subdivision proposals shall have adequate drain- age provided to reduce exposure to flood hazards. 4) Base flood elevation data shall be provided for sub- division proposals and other proposed development which is greater than the lesser of 50 lots or 5 acres. SECTION 6. NON-CONFORMING USE A. General A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 1) No such use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way which increases its non-conformity. 2) If such use is discontinued for twelve (12) consecu- tive months, any future use of the building premises shall conform to this ordinance. g 3) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. B. Destruction of Non-Conforming Use If any non-conforming use or structure is destroyed by any menas, 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 recon- structed in conformity with the provisions of this ordinance. 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. PENALTIES FOR VIOLATION Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants or variances or special exceptions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not less than ten ($10. 00) dollars and nor more than one hundred ($100. 00) dollars, and in addition shall pay all costs and ex- penses 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. SECTION 8. AMENDMENTS The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appeased 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. At least fifteen (15) days notice of the time and place of such hearing shall be pub- lished in a newspaper of general circulation in the City of Jefferson. SECTION 9. AUTHORITY ® These regulations are in accordance with those sections of the Revised Statutes of the State of Missouri which permit cities to adopt ordinances designed to promote the public health, safety and general welfare of its citizenry. The regulations of this ordinance are in compliance with the National Flood Insurance Program Regulations as published in the Federal Register, Volume 41, Number 207, dated October 26, 1976. SECTION 10. VALIDITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Jefferson hereby declares that it would have passed this ordinance and each sec- tion, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more other sections, subsections, sen- tences, clauses and phrases be declared unconstitutional. 9 - r SECTION 11. EFFECTIVE DATE This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved 19 � Yd. President of a Council Mayor ATTEST: Cler - loll-