HomeMy Public PortalAboutORD13971 • BILL NO. 2005-102
SPONSORED BY COUNCILMAN Martin
ORDINANCE NO. 1� r�/ I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 8
(BUILDINGS AND BUILDING REGULATIONS), ARTICLE VI (FLOOD HAZARD
REGULATIONS), OF THE CODE PERTAINING TO COLE COUNTY FLOOD HAZARD
REGULATIONS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 8,Article VI, of the Code of the City of Jefferson, Missouri, is
hereby amended, as follows:
CHAPTER 8
BUILDINGS AND BUILDING REGULATIONS
• ARTICLE VI.FLOOD HAZARD REGULATIONS
Sec.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 coalition usage rind to give this article its most reasonable
application.
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 actuarial principles. "Risk premium
rates"include provisions for operating costs and allowances.
Appeal. A request for a review of the floodplain adntinlstralor's dimeto, aFlIlannirrg,
interpretation of any provision of this article or a request for a variance.
Area of special 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.
Base flood. The flood having one percent chance of being equalled or exceeded in any given
year(100 year flood).
Development. Any man-made change to improved or unimproved real estate,including,but
not limited to,buildingsorothcr structures(including placement or replacement of a manufactured
home),mining,dredging,filling,grading,paving,excavation or drilling operations.
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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 I, 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 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). 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 insuranccstudy, 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.
Floodplaln administrator. The Director of Community Development or his/her
designee.
Floodway or regulatory Foodway. 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.
Floodway fringe. That area of the floodplain,outside of the Foodway,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).
Frceboard. A factor of safely usually expressed in feet above a flood level for purposes of
floodplain management. Frceboard 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 adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Manufactured home. A structure,transportable in one or more sections,which is built on a
permanent chassis and is designed for use with or without a pemmncnt foundation when connected to
the required utilities. For floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one
hundred eighty(180)consecutive days. For insurance purposes,the terns"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,
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• Mean sea level. The average height of the sea for all stages of the fide.
Newconsmiction. Structures forwhich file"start ofconstruction"orsubstamial improvement
Is commenced on or offer file effective date of the FIRM.
Recreational Vehicle. A vehicle which Is(a)built on a single chassis;(b)400 square feet
or less when measured at the largest horizontal projections,(c) designed to he self-propelled
or permanently towable by a light-duly truck; and (d) designed primarily not for use as a
permanent dwelling bat as temporary living quarters for recreational, camping, travel, or
seasonal use.
Start of construction. Includes substantial improvement, and means time date the building
permit was issued,provided the actual start ofconstruction,repair,reconstruction,placement orother
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 life pouring of slabs 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 fulling;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[he installation on the property of
accessory buildings,such as garages or sheds not occupied as dwelling units or not part of the main
structure. (Sec Section 8.63(c)(5)for accessory structure provisions.)
Structure. A walled and roofed building that is principally above ground, as well as a
manufactured home,and a gas or liquid storage lank tile[is principally above 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%of the market value
of the structure before the damage occurred. (Ord.No. 11850,0 I, 1-26.93)
Substantialimprovenment. 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. 'file 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 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.
11850,0 2, 1-26-93)
Variance. A grant or relief to a person from[he requirements of this article which permits
construction in a manner otherwise prohibited by this article where specific enforcement would result
fn unnecessary hardship.
(Ord.No. 10796,0 2,3.16-87;Ord.No, 11850,Q I R 2, 1-26-93)
See.8-61.General provisions.
A. Methods of reducing flood losses,In order to accomplish its purposes,this article
includes methods and provisions for:
I. Restricting or prohibiting uses which are dangerous to health,safety,and
property due to water or erosion or to flood heights or velocities,
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• 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.
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 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.
1 Note:Section C is up for amendment 1)3, 111112005-1031
D. Penalties for noncompliance. 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
orspecial exception)shall constitute an ordinance violation tMid, mcat as. 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.
G. Abrogation and greater restriction.This article is not intended to repeal,abrogate
or impair any existing casements, 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 ofthis 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 stoic statulcs.
G. Wominganddisclainhcrofliability. 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
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• hazard or uses permitted within such areas will be free from flooding or Rood 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 Rood damages that result from reliance on this article or any administrative decision
lawfully made thereunder.
(Ord.No. 10796,0 2,3.16.87)
Sec.8.62.Administration.
A. Establishment of a development permit. A development penult shall be obtained
before construction or development begins within any area of special Rood hazard established in
Section 8.61. No person,firm,or corporation or unit of government shall initiate any development
or substantial improvement orcausc 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 Community Development 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 orproposed structures,fill,storage ofmalcrial,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 nonresidential
structure is to be Roodproofed.
3. Certification from a registered professional engineer or architect that the
nonresidential Roodproofed structure will meet the Roodproofing 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 Community Development,
or hlHher designee,hereinafter referred to as the floodplaln administrator direetorofplamring,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.
C. Duties and responsibilities of the floodpla)n administrator dimtorrofp}armirrg.
Duties of the direetorofpinnrting floodplafn administrator 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. Reviewall development permit applications forproposed 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 Chaptcr+631,Stormvatcr Management.
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• 3. When base flood elevation data has not been provided in accordance with
Section 8.61,Then the Iloodplain administratordi rectorofpfanningshall
obtain,review and reasonably util ize any base flood elevation or floodway
data available from a federal,state or other source,fn 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 floodplain
administrator director-ofT}nmting-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 pederal 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.
• 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
floodplain administrator dirccto,ofpfaniring 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 floodplain administrator direetorofplmming-and
shall be open for public inspection.
11. The floodplain administrator shall be authorized to promulgate rules
consistent with this article to carry out the purpose and intent of this
article.
D. Variance procedures
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(tear and decide appeals when it is
alleged that there is an error in any requirement,decision or detcmrination
made by the floodplain administrator min the
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• enforcement or administration of this article.
3. Any person aggrieved by the decision of the zoning board of adjustment
orany 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
considerall 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 ofthe services provided by the proposed facility
to the community;
C. 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 floodplain management program for that area;
I. The safety ofaccess 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,
E. Conditions for variances:
1. Variances may be issued for the reconstruction, rehabilitation or
restoration of strictures listed on the National Register of Historic Places
or the State Inventory of Historic Places without regard to the procedures
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• 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 dial ilia variance is
the minimum necessary,considering the flood hazard,to afford relief.
4. Variances shall only be issued upon a showing of good and sufficient
cause; a determination that failure to grant the variance would result in
exceptional hardship to the applicant;and a detcnnination that the granting
of 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 cast of flood inmurance 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 Ooodplain administrator direetoroFplanning-shall maintain the
records of all appeal actions and report any variances to the federal emergency management agency
upon request.
•
See.8.63.Provisions for flood hazard reduction.
A. General standards.in all areas ofspecial food hazards(7oncs A,All,AO,AE and
AI-30)(lie following provisions are required:
I. All new construction, including the placement or replacement of
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 food damage.
3. All new construction and substantial improvements shall be constructed
by methods and practices ilia(minimize food 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.
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• 5. All new and replacement electrical, heating, ventilation, and air
conditioning equipment and shall be designed and/or located to
prevent water from entering or accumulating within the components
during conditions of flooding unless deemed a minor repair by the
floodplahn administrator.
6. 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 lite 100 year flood elevation plus one fool, the structure shall, for
the purpose of these regulations,be considered as being in a special flood
hazard area.
7. All new and replacement water supply systems shall be designed to
minimize or eliminate inftltration of floodwaters into the system.
8. 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.
9. On-site waste disposal systems shall be located to avoid impairment to
then)or contamination from them during flooding.
10. The storage orprocessingof materials that are in time offloodingbuoyant,
flammable, explosive or could be injurious to human, animal or plant life is
prohibited.
• 11. The storage orprocessingofmmerials that are in time of flooding buoyant,
flammable,explosive or could be injurious to human,animal or plant life
is prohibited,unless such materials arc stored in:
(a) A structure conforming to line specific standards as set forth in
Section 8.63.C.2;or
(b) A structure that does not conform)to the specific standards as set
forth in Section 8.63.C.2,but only if such materials are stored in
it closed area.(Ord. 12120,9 1,7-5.94)
12. That until a flood way has been designated, no development, including
landfill,may be pemnitled within Zones Al-30 and AG 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 rote
study incorporated by reference in Section 8.61 of this article.
B. Standards for subdivision proposals:
I. All subdivision proposals and other proposed new developments,
including manufactured home parL.s or subdivisions,shall be consistent
with the need to minimize flood damage.
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• 2. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to
minimize Rood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce
exposure to Rood hazards.
4. Base Rood 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 filly(50)lots or five
(5)acres,
C. Specific standards. In all areas of special Rood hazard,where base Rood elevation
data has been provided as set forth in Section 8-61 or Section 8-62 (Zones AI-30 or AF.), the
following provisions are required:
I. Residential Construction: New construction or substantial improvement
ofany residential structure shall have the lowest floor,including basement,
elevated to or above the base Rood elevation 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 alter 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 floodplain administrator
may waive the requirement for the second elevation
• certification.
2. Nonresidential Construction: New construction or substantial
improvement of any commercial, industrial or other nonresidential
structure shall either have:
a. the lowest floor,including basement,elevated to the level of the base
flood elevation plus one foot;or,
b. 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, 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 one certification shall be
required prior to the issuance of a Flood Plain Development Permit and a
second certification shall be required oiler construction is complete.;or,
c.lfthe area will be used soley for parking,building access,orlimited
storage; and designed to allow for the automatic entry and exit of
floodwaters through the use of engineered openings;and constructed
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• of flood resistant materials;and with any necessary attendant utility
and sanitary facilities floodproofed in accordance with Section 8-
63.C.2.b;the area may beconsidered wet floodproofed.Certifications
from a registered professional engineer or architect shall certify that
the structure will resist hydrostatic,hydrodynamic and debris impact
forces and that the utility and sanitary facilities have been
floodproofed in accordance with Section 8-63.C.2.b. At a minimum,
one certification shall be required prior to the Issuance of a Flood
Plain Development Permit and a second certification shall he required
after construction is complete. Additionally,the owner shall provide
a written statement prior to issuance of a Flood Plain Development
Permit stating that (lie area will only be used for parking,building
access,or limited storage and that,when a flood warning is issued,as
much of the contents as possible will be evacuated.
3. Pressurized and flammable liquid tanks,
a. Pressurized and flammable liquid tanks arc 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,orennpty,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 fool. Tank piers, footings, vent stocks and
any other support,anchorage or mechanical auochmenis 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 See.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 act area of not less than one square inch for every square fool 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.
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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 stale and local building codes and
FCMA guidelines to minimize potential flood damage, 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-fhc-top tics shall be provided at each of the four
(4) comers of the manufactured home, with two (2)
additional ties per side at intermediate locations, and
manufactured homes less than filly (50) feet long
requiring only one additional tie per side;
(2) Frame tics shall be provided at each comer orthe home
with five (5) additional lies 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 (he 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,replaced or
substantially Improved within Zones AI-30 or AF, 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 adequatelyanchored foundation system in accordance with the
provisions of subsection(a)C-,+of this section.
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.
n. A residential accessory structure shall fully comply with die
specific standards forresidential 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,
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.
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• 8. Recreational Vehicles. Recreational vehicles placed on sites within
any designated flood hazard area shall either be:
a. be on the site for fewer than 180 consecutive days and he fully
licensed and ready for highway use(defined highway ready If it is on
Its wheels or jacking system, Is attached to the site only by quick-
disconnect type utilities and security devices,and bus no permanently
attached additions);or
b. meet the permitting, elevating, and anchoring requirements for
manufactured homes listed in this ordinance.
D. Flood ways. Located within areas of special flood hazard established in Section 8-
61 are areas designated as flood ways. Since the flood way is an extremely hazardous area due to the
velocity of floodwaters which carry debris,pateminl 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(d)(1)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. 10796,4 2,3.16-87)
E. Shallow flooding.
1. In any AO 7one shown on the FIRM, all new construction and
substantial Improvements of residential structures shall have the
lowest floor(including basement)elevated above the highest adjacent
grade at least as high as the depth number specified In feet on the
FIRM plus one foot (at least three feel If no depth number Is
specifled).
2. In any AO Zone shown on the FIRI11, all new construction and
substantial Improvements of non-residential structures shall(1)have
the lowest floor (Including basement) elevated above the highest
adjacent grade at least as high as the depth number specified In feet
on the FIRM plus one foot(at least three feet if no depth number Is
specified),or(Ii)together with attendant utility and sanitary facilities
be completely floodproofed to that level to met the floodproofing
standard specified In Section 8.63.C.2.
3. All structures located In ZoneAflorZoneAOas shown on(fie FIR111,
shall have adequate drainage paths around the structure on slopes,to
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• guide floodwaters around and away from the proposed structure.
Sec.8-64,Nonconforming use.
A. A structure orthe use of a structure orprcmiscs which was lawful before tile passage
or amendment of the original Flood Hazard Ordinance, but which is not in conforniity with the
provisions of this article,may be continued subject to the following conditions;
1, ifsuch 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 file 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 stricture listed on the National Register of Historic Places or a state inventory of
historic places.
(Ord.No. 10796,§2,3-16-87)
Sec.8-65.Amendments.
A. Theregul afions,restrictionsandl orboundariessetforth inthisarticlemayfromtime
• 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 maybe taken until afier
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 ofsuch hearing shall be published inanew spaperofgeneral
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,A 2,3-16-87)
Sec.8.66.Authority.
These regulations are In accordance will)those sections of the Revised Statutes of the Stale
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,G 2,3-16.87)
Sec.8-67.Validity.
If any section,subsection,sentence,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
• 01112005.102
Pa0e 14
• 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,Q 2,3-16.87;Ord.No. 11980,$ 1, 104.93)
Secs.8.68-8-79. Reserved.
Section 2. This Ordinance shall be In full force and effect from and after the date
of its passage and approval.
Passed: ;W) Approved: Z&
rsTr:.e ing Officer Mayor
ATT AP PR AS TO RM;
City Cift Ci y counselor
•
• BIII 2005.102
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