[Ord. No. 99-99 §1, §1, 7-12-1999; Ord. No. 10-041 §18, 6-2-2010]
A.
It
is the purpose of this Article to promote the public health, safety
and general welfare; to minimize losses from periodic flooding; to
establish or maintain the community's eligibility for participation
in the National Flood Insurance Program (NFIP) as defined in 44 Code
of Federal Regulations (CFR) 59.22 (a)(3); and to meet the requirements
of 44 CFR 60.3 (d) by applying the provisions of this Article to:
1.
Restrict or prohibit uses which are dangerous to health, safety,
or property in times of flooding or cause undue increases in flood
heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of the initial construction.
3.
Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §19, 6-2-2010]
The special flood hazard areas of St. Charles County, Missouri,
are subject to inundation, which results in the loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
public health, safety, and general welfare.
[Ord. No. 99-99 §1, 7-12-1999]
A.
Flood
losses are caused by:
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 03-142 §1(38), 10-1-2003; Ord. No. 10-041 §20, 6-2-2010]
A.
This
Article of the Unified Development Ordinance uses
a reasonable method of analyzing flood hazards, which consist of a
series of interrelated steps.
1.
Selection of regulatory flood which is based upon engineering calculations
that permit a consideration of such flood factors as its expected
frequency of occurrence, the area inundated, and the depth of inundation.
The regulatory flood selected for this Article of the Unified
Development Ordinance is representative of large floods which
are reasonably characteristic of what can be expected to occur on
the streams subject to these regulations. It is in the general order
of a flood which can be expected to have a one percent (1%) chance
of occurrence in any one (1) year, as delineated on the Federal Emergency
Management Agency's Flood Insurance Study, Flood Insurance Rate Maps,
and illustrative materials dated March 9, 2021, as amended hereafter.
[Ord. No. 21-008, 1-25-2021]
2.
Calculation of water surface profile based on a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas
to convey the regulatory flood.
3.
Computation of the floodway required to convey this flood without
increasing flood heights more than one (1) foot at any point.
4.
Delineation of floodway encroachment lines within which no obstruction
is permitted which would cause any increase in flood height.
5.
Delineation of floodway fringe (i.e., that are outside the floodway
encroachment lines), but which still is subject to inundation by the
regulatory flood.
6.
Delineation of density floodway (i.e., the area outside the floodway
encroachment lines which is not included in the Floodway Fringe Overlay
District, but which still is subject to inundation by the regulatory
flood).
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §21, 6-2-2010]
A.
It
is the purpose of this Unified Development Ordinance Article to promote public health, safety, and general welfare, and to minimize those losses described in Part 1, Sections 405.025 through 405.030, Chapter 405 and Part 1, Sections 405.010, 405.015 and 405.077, Chapter 405 by applying the provisions of this Unified Development
Ordinance Article to:
1.
Restrict or prohibit uses which are dangerous to public health, safety,
or property in times of flooding, or cause undue increases in flood
heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction.
3.
Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard.
4.
Ensure that eligibility is maintained for property owners in the
County to purchase flood insurance in the National Flood Insurance
Program.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 03-142 §1(39), 10-1-2003; Ord. No. 10-041 §22, 6-2-2010; Ord. No. 15-104 §2, 10-26-2015; Ord. No. 21-008, 1-25-2021]
St. Charles County has adopted the Flood Insurance Rate Map,
the Floodway, the Density Floodway Map, and the Flood Insurance Study
dated March 9, 2021, as amended hereafter, provided by the Federal
Emergency Management Agency.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 03-142 §1(40), 10-1-2003; Ord. No. 15-104 §3, 10-26-2015; Ord. No. 21-008, 1-25-2021]
The "FW", "FF", and "DF" Districts apply to all lands within
the jurisdiction of unincorporated St. Charles County identified on
the Flood Insurance Rate Map (FIRM) for St. Charles County on Index
Panel 29183CIND0C, dated March 9, 2021, as amended hereafter, as numbered
and unnumbered A Zones (including AE Zones) and within the Zoning
Districts "FW", "FF", and "DF", established in Establishment of Zoning
Districts of this Unified Development Ordinance Article.
In all areas covered by these overlay zoning districts, no development
shall be permitted except upon a floodplain development permit issued
by the Division of Planning and Zoning under such safeguards and restrictions
as St. Charles County may reasonably impose for the promotion and
maintenance of the general welfare, safety, and health of the inhabitants
of unincorporated St. Charles County.
[Ord. No. 99-99 §1, 7-12-1999]
The Director of the Division of Planning and Zoning of the County
is hereby designated as the Governing Body's duly designated Enforcement
Officer under this Unified Development Ordinance Article.
[Ord. No. 99-99 §1, 7-12-1999]
Any uses permitted by the underlying zoning districts shall
be permitted in the "FW", "FF", and "DF" Districts upon meeting all
of the conditions, regulations, and requirements prescribed in this
Article of the Unified Development Ordinance.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §23, 6-2-2010]
The boundaries of the Floodway, Floodway Fringe, and Density
Floodway Overlay Districts shall be determined by scaling distances
on the official County zoning map, parcel maps provided by the County
Assessor's office, or other in-house map products. Where interpretation
is needed as to the exact location of the boundaries of the districts,
as shown on the official zoning maps of the Floodway and Floodway
Fringe Overlay Districts (where there appears to be a conflict between
a mapped boundary and actual field conditions), the Division of Planning
and Zoning shall make the necessary interpretation based upon all
available technical evidence.
[Ord. No. 99-99 §1, 7-12-1999]
No development located within known flood hazard areas of unincorporated
St. Charles County shall be located, extended, converted, or structurally
altered without full compliance with the terms of this Article of
the Unified Development Ordinance and all other applicable
regulations.
[Ord. No. 99-99 §1, 7-12-1999]
It is not intended by this Unified Development Ordinance Article to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this Unified Development
Ordinance Article imposes greater restrictions, the provision
of this Unified Development Ordinance Article shall
prevail. All other Unified Development Ordinance Sections
inconsistent with this Unified Development Ordinance Article are hereby repealed to the extent of the inconsistency only.
[Ord. No. 99-99 §1, 7-12-1999]
The degree of flood protection required by this Article of the Unified Development Ordinance is considered reasonable for
regulatory purposes and is based upon engineering and scientific methods
of study. Larger floods may occur on rare occasions or the flood heights
may be increased by man-made or natural causes, such as ice jams or
bridge openings restricted by debris. This Article of the Unified Development Ordinance does not imply that areas
outside of floodway, floodway fringe, and density floodway overlay
district boundaries or land uses permitted within such districts will
be free from flooding or flood damages. This Article of the Unified Development Ordinance will not create liability
on the part of St. Charles County or any officer or employee thereof
for any flood damages that may result from the reliance on this Article
of the Unified Development Ordinance of any administrative
decision lawfully made thereof.
[Ord. No. 99-99 §1, 7-12-1999]
If any Section, clause, provision, or portion of this Unified Development Ordinance Article is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this Unified Development Ordinance Article shall
not be affected thereby.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §24, 6-2-2010]
When a request for a floodplain development permit to develop
in a flood hazard area is denied by the Division of Planning and Zoning,
the applicant may apply for a variance from the regulations and requirements
of this Article directly to the Board of Zoning Adjustment. The Board
of Zoning Adjustment shall grant or deny such request for variance
within forty-five (45) days of the public hearing.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(41), 10-1-2003; Ord.
No. 10-041 §25, 6-2-2010]
A.
The
Director of the Division of Planning and Zoning shall be the official
appointed to administer and implement the provisions relating to Floodway,
Floodway Fringe, and Density Floodway Overlay Districts.
B.
The
duties of the Director of the Division of Planning and Zoning under
this Article of the Unified Development Ordinance shall include, but not be limited to:
1.
Review all permit applications to determine whether proposed building
sites will be reasonably safe from flooding. If the proposed building
site is in a flood-prone area, all new construction and substantial
improvements shall:
a.
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;
b.
Be constructed of materials resistant to flood damage;
c.
Be constructed by methods and practices that minimize flood damage;
and
d.
Be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities permanently
elevated to a minimum of one (1) foot above base flood elevation.
2.
Review proposed development to assure that all necessary permits
have been received from those governmental agencies from which prior
approval is required by Federal or State law, including Section 404
of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334.
3.
Notify, in riverine situations, adjacent communities and the State
Emergency Management Agency and require the submittal of a map revision
to the Federal Emergency Management Agency (FEMA) prior to any alteration
or relocation of a watercourse, and submit copies of evidence of such
notifications to FEMA.
4.
Ensure that the flood-carrying capacity within the altered or relocated
portion of any watercourse is maintained by method of hydrologic analysis.
5.
Obtain and maintain a record of the elevation (in relation to mean
sea level) of the lowest floor, including crawl spaces and enclosed
areas below the first finished floor, and lowest floor of all new
and substantially improved structures.
6.
Obtain, if a non-residential structure has been dry-floodproofed
in accordance with attendant utility and sanitary facilities, and
maintain a design such that below one (1) foot above the base flood
level the structure is watertight, with the 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 elevation (in relation to mean sea level) to which
the structure was floodproofed.
7.
When dry-floodproofing is utilized for a non-residential structure, the Director of the Division of Planning and Zoning shall be presented certification from a registered professional engineer that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable Sections of this Chapter or Chapter 410. A record of such certificates, which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Director of the Division of Planning and Zoning.
8.
Review and approve requests for administrative variance for accessory and agricultural structures. All requests for administrative variances must meet the standards set forth within Section 405.375 (E) and (F) of this Article, and may be subject to review by the Board of Zoning Adjustment as defined within Section 405.375.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 08-133 §1, 11-25-2008]
No person, firm or corporation shall initiate any development not exempt under Section 412.050(A)(8), substantial improvement, or regrading of a property used for non-agricultural purposes, or cause the same to be done in a designated flood hazard area, without first obtaining a separate floodplain development permit for each improvement on the property.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 01-111 §1, 9-26-2001; Ord. No. 05-029 §1, 3-29-2005; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §26, 6-2-2010]
A.
To
obtain a floodplain development permit, the applicant must apply for
such a floodplain development permit with the County Division of Planning
and Zoning. A floodplain development permit must be signed by the
applicant on the form furnished. For the purpose of investigating
an application for a floodplain development permit and monitoring
compliance with it, an applicant authorizes the Community Development
Department's staff, or staff of other agencies at the Department's
direction, to enter and inspect the subject property while work authorized
by that permit is in progress. This authority shall cease upon completion
of that work and closure of the permit. Every such floodplain development
permit shall:
1.
Describe the land on which the proposed work is to be done by lot,
block and tract, house and street address, or similar description
that will readily identify and specifically locate the proposed structure
or work.
2.
Identify and describe the work to be covered by the floodplain development
permit.
3.
Indicate the use or occupancy for which the proposed work is intended.
4.
Indicate the current market value of the structure. For the
purposes of this Section, the current market value of the structure
shall be determined by the St. Charles County Assessor, adjusted to
approximate market value, or a State-licensed appraiser, at the option
of the landowner.
[Ord. No. 18-014 § 1, 1-29-2018]
5.
Specify whether development is located in designated flood fringe
or floodway.
6.
Identify the existing base flood elevation and the elevation of the
proposed development, including without limitation, the crawl space
or basement, heating, cooling or other mechanical components, and
garage, of all structures or areas to be filled on the property.
7.
Give such other information as reasonably may be required by the
Director of the Division of Planning and Zoning.
8.
Be accompanied by plans and specifications for proposed construction,
fill area, or grading.
9.
Be signed by the property owner or his/her authorized agent who may
be required to submit evidence to indicate such authority.
10.
Be issued by the Director of the Division of Planning and Zoning
or his or her designee.
11.
Be accompanied by a fee as set by ordinance. The fee is not applicable
for any reissue of a Floodplain Development Permit for a structure
within a consecutive twelve (12) month period. If a Letter of Map
Revision (LOMR) is required, the applicant shall submit publication
fees for community notification.
12.
Be valid for the same period as the Building Permit. In the event
there is no Building Permit, the Floodplain Development Permit will
be in effect for two (2) years from the date of issuance.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §27, 6-2-2010]
A.
The following items shall be included in the determination of substantial damage/improvement except as provided in Subsection (C) below: spread or continuous foundation footing and pilings; monolithic or other types of concrete slabs; bearing walls, tie beams and trusses; wood or reinforced concrete decking or roofing; floors and ceilings; attached decks and porches; interior partition walls; exterior wall finishes (e.g., brick, stucco, or siding), including painting and decorative moldings; windows and doors; reshingling or retiling a roof; hardware; tiling, linoleum, stone, or carpet over subflooring; bathroom tiling and fixtures; wall finishes (e.g., drywall, painting, stucco, plaster, paneling, marble, or other decorative finishes); kitchen, utility, and bathroom cabinets; built-in bookcases, cabinets, and furniture; hardware; HVAC equipment; repair or reconstruction of plumbing and electrical services; light fixtures and ceiling fans; security systems; built-in kitchen appliances; central vacuum systems; water filtration, conditioners, or recirculation systems; and overhead and profit.
B.
The
following items shall be excluded in the determination of substantial
damage/improvement: plans and specifications; survey costs; permit
fees; debris removal (e.g., removal of debris from building or lot
dumpster rental, transport fees to landfill, and landfill tipping
fees) and cleanup (e.g., dirt and mud removal, building dry-out, etc.);
items not considered real property, such as: throw rugs (carpeting
over finished floors), furniture, refrigerators, freestanding stoves,
etc.; landscaping, sidewalks; fences; yard lights; swimming pools;
screened pool enclosures; sheds; gazebos; detached structures (including
garages); and landscape irrigation systems.
C.
Determinations
of substantial improvement under this Section shall be made only for
improvements for which applicable codes enacted in Title V, Ordinances
of St. Charles County, Missouri, require building permits.
D.
All
applications for floodplain development permits for improvements to
existing structures shall require a substantial damage/improvement
review.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §28, 6-2-2010]
A.
A structure may be improved (remodeled, repaired or enlarged) without
conforming to current requirements for elevation, as long as the cumulative
value of all work done within a consecutive five-year period does
not exceed fifty percent (50%) of the current market value of the
structure. Permits for incremental improvements, additions and repairs
shall be tracked by the Division of Planning and Zoning beginning
January 1, 2005.
[Ord. No. 18-014 § 2, 1-29-2018]
B.
If the cumulative value of the improvements exceeds fifty percent (50%) of the current market value of the structure, the structure must be brought into compliance with Subsection (C) of Section 405.350 of this Article, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District, which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/dry-floodproofing of non-residential structures to or above the base flood elevation.
[Ord. No. 18-014 § 1, 1-29-2018]
C.
In
any case, however, the structure's owner may apply to the Director
of Planning and Zoning for a determination that the structure is a
"repetitive loss structure" as defined at Section III-D-3-a-(1) of
the National Flood Insurance program's authorized forms for flood
insurance, 44 C.F.R. Part 61, Appendices A(1), (2) and (3). The structure's
owner shall make that application on a form provided by the Director
and the Director shall make that determination in writing, based on
information supplied by the structure's owner as well as information
and records relating to the structure retained by the Division of
Planning and Zoning, and shall serve that determination upon the structure's
owner.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
The
mapped floodplain areas within the jurisdiction of this Article of
the Unified Development Ordinance are hereby divided
into the three (3) following districts:
B.
Within
these districts, all uses not meeting the standards of this Article
of the Unified Development Ordinance and those standards
of the underlying zoning district are prohibited. These zones shall
be consistent with the A Zones (including AE Zone), as identified
on the official FIRM and identified in the Flood Insurance Study provided
by the Federal Emergency Management Agency.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 10-041 §29, 6-2-2010]
A.
No
floodplain development permit shall be granted for new construction,
substantial improvement, and other improvements including the placement
of manufactured homes, modular homes, and mobile homes within all
A Zones (including AE Zone), unless the conditions of this Article
are satisfied.
B.
No
new construction, substantial improvements or other development, including
structural and non-structural development, shall be permitted within
A Zones on the FIRM unless the base flood elevation and floodway delineation
data are provided by the applicant. The County shall utilize any base
flood or floodway delineation data currently available from Federal,
State or other sources. If data is not available, the Director of
Planning and Zoning shall require the applicant to provide technical
modeling analysis establishing the BFE and floodway delineation.
C.
New
construction, subdivision plats, substantial improvements, prefabricated
buildings, placement of manufactured homes, mobile homes, or modular
homes, and other developments, shall require:
1.
Design for adequate anchorage to prevent flotation, collapse, or
lateral movement due to flooding of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
2.
New and replacement water supply systems and/or sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters,
and on-site waste disposal systems be located so as to avoid impairment
or contamination from them during flooding.
3.
Construction with materials resistant to flood damage, utilizing
methods and practices that minimize flood damage, and with electrical,
heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are dry-floodproofed or permanently
located so as to prevent water from entering, damaging, or accumulating
within the components during conditions of flooding.
4.
All new and replacement utility and sanitary facilities be elevated
or dry-floodproofed up to the regulatory flood protection elevation
of one (1) foot above base flood elevation. Single electric service
for recreational uses must be elevated a minimum of ten (10) feet
above existing average grade.
5.
That, until a floodway has been designated, no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A and AE on the County's FIRM, unless it
is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood elevation
more than one (1) foot at any point within the County.
6.
Storage of material and equipment.
a.
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 unless the storage of such materials is
in an approved floodproofed and/or tethered containment.
b.
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.
c.
All company owned L.P. gas tanks, one hundred twenty-five (125) gallons
and larger, that are threatened by high water conditions are to be
tethered with a suitable material (please see suggested L.P. Gas Tank
Tie Down method), or elevated on reinforced concrete piers in a manner
that will prevent uncontrolled movement and/or flotation of the tank.
Note: In that all tanks may not be affected
by floodwater on an annual basis, a permanent tether may not be required.
The tether, itself, could be a threat to personal safety and property
damage, although it shall remain the responsibility of the tank's
owner to adequately tether the tank before flotation occurs. In areas
where there is a flash flood potential, permanent tethers must be
utilized.
d.
All company owned L.P. gas tanks are to be identified with the name
and a telephone number of the distributor or local office responsible
for servicing the tank. This information shall be placed on a clearly
visible surface of the tank.
e.
All L.P. gas jobbers doing business in St. Charles County must register
with the proper authority, Emergency Management Agency, providing
the name of the company, the location of the local branch or office,
an emergency telephone number, and the name of a contact person(s).
Such reports shall be kept current at all times. The Division of Emergency
Management shall provide such information to appropriate fire protection
districts.
7.
Review subdivision proposals and other proposed new developments,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding. If a subdivision
proposal or other proposed new development is in a flood-prone area,
any such proposals shall be reviewed to ensure that:
a.
All such proposals are consistent with the need to minimize flood
damage within the flood-prone area.
b.
All public utilities and facilities, such as sewer, gas, electrical,
and water systems, are located and constructed to eliminate flood
damage.
c.
Adequate drainage is provided to reduce exposure to flood hazards.
d.
Subdivision proposals for developments (including proposals for manufactured
home parks and subdivisions) greater than fifty (50) lots or five
(5) acres, whichever is the lesser, shall be included within such
base flood elevation data.
e.
Subdivision plats on filled areas in floodplain overlay districts
must apply for a letter of map revision from FEMA prior to construction
of any residences.
8.
Structures (agricultural) used solely for agricultural purposes in
connection with the production, harvesting, storage, drying, or raising
of agricultural commodities, including the raising of livestock, may
be constructed at-grade and wet-floodproofed, provided there is no
human habitation or occupancy of the structure; the structure is of
single-wall design; there is no permanent retail, wholesale, or manufacturing
use included in the structure; a variance has been granted from the
floodplain management requirements of this Chapter; and a floodplain
development permit has been issued.
9.
Structures (accessory) used solely for parking and limited storage
purposes, not attached to any other structure on the site, of limited
investment value, and not larger than four hundred (400) square feet,
may be constructed at-grade and wet-floodproofed, provided there is
no human habitation or occupancy of the structure; the structure is
of single-wall design; a variance has been granted from the standard
floodplain management requirements of this Chapter; and a floodplain
development permit has been issued.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(42—43), 10-1-2003; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §30, 6-2-2010]
A.
Permitted Uses. Any use permitted in Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District Floodway Overlay District, Subsection (C)(7) of this Article, shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District, and the Density Floodway Overlay District Floodway Overlay District are met.
B.
Standards For The Floodway Fringe Overlay District.
1.
Require that all new construction and substantial improvements of
residential structures, including manufactured homes within Zone A
and Zone AE on the County's FIRM, have the lowest floor (including
basement) elevated to one (1) foot above the base flood elevation.
2.
Require that all new construction and substantial improvements of non-residential structures within Zone A and Zone AE on the County's FIRM have the lowest floor (including basement) elevated one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that below one (1) foot above the base flood 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 shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the official as set forth in Section 405.320 (B)(7) of this Article.
3.
Require, for all new construction and substantial improvements, that
fully enclosed areas below the lowest floor that are usable solely
for the parking of vehicles, building access, or storage in an area
other than a basement, and which 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 meet or exceed the following minimum criteria:
A minimum of two (2) openings in no less than two (2) walls having
a total net area of not less than one (1) 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 (1) 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. Windows and doors will not be used to calculate permanent
openings.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §31, 6-2-2010]
A.
All
manufactured/mobile homes shall be elevated and anchored to resist
flotation, collapse, or lateral movement. Manufactured homes must
be anchored in accordance with local Building Codes or FEMA guidelines
in addition to applicable State and local anchoring requirements for
resisting wind forces. In the event that over-the-top frame ties to
ground anchors are used, the following specific requirements (or their
equivalent) shall be met:
1.
Over-the-top ties be provided at each of the four (4) corners of
the manufactured/mobile home, with two (2) additional ties per side
at intermediate locations; manufactured/mobile homes less than fifty
(50) feet in length require one (1) additional tie per side.
2.
Frame ties shall be provided at each corner of the manufactured/mobile
home, with five (5) additional ties per side at intermediate points,
with manufactured/mobile homes less than fifty (50) feet in length
requiring four (4) additional ties per side.
3.
All components of the anchoring system shall be capable of carrying
a force of four thousand eight hundred (4,800) pounds, or as determined
by the current local applicable Building Code.
4.
Any additions to manufactured/mobile homes shall be similarly anchored.
B.
Require
that manufactured/mobile homes which are placed on sites or substantially
improved within the A and AE Zones on the County's FIRM be:
1.
Outside a manufactured/mobile home park or subdivision;
2.
In a new manufactured/mobile home park or subdivision;
3.
In an expansion to an existing manufactured/mobile home park or subdivision;
4.
In an existing manufactured/mobile home park or subdivision on which
a mobile or manufactured home has incurred "substantial damage" as
the result of a flood; or
5.
Elevated on a permanent foundation such that the lowest floor of
the manufactured/mobile home is elevated one (1) foot above the base
flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, or lateral movement.
C.
Require
that parcel owners or their designee obtain an annual floodplain development
permit for no more than one (1) recreational vehicle to be actively
used while located on a parcel. The permit shall state that the recreational
vehicle may not be located on the parcel for more than one hundred
eighty (180) days in a calendar year. Recreational vehicles located
within approved campgrounds or travel trailer parks are not required
to obtain an annual floodplain development permit. The recreational
vehicle must be currently licensed and ready for highway use within
the A and AE Zones on the County's FIRM.
A recreational vehicle is ready for highway use if it is on
its wheel or jacking system, is attached to the site only by quick
disconnect-type utilities and security devices, and has no permanently
attached additions other than those specified by the manufacturer.
In the Floodway Overlay District, the RV must be equipped with a self-contained
water and sewage disposal system. All electrical utilities for recreational
use shall be elevated ten (10) feet above the established grade or
one (1) foot above the 100-year flood elevation if less than ten (10)
feet.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(44), 10-1-2003; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §32, 6-2-2010]
A.
Permitted Uses. Only uses having a low flood-damage potential
and not obstructing flood flows shall be permitted within the Floodway
District to the extent that they are not prohibited by any other Section
of the Unified Development Ordinance. All encroachments,
including fill, new construction, substantial improvements and other
developments are prohibited unless certification by a registered professional
engineer is provided, demonstrating that encroachments shall not result
in any increase in flood levels during occurrence of the base flood
discharge. No use shall increase flood levels of the regulatory flood
elevation. These uses are subject to the standards of the Floodway,
Floodway Fringe, and Density Floodway Overlay Districts. The following
are recommended uses for the Floodway District:
1.
Agricultural uses, such as general farming, pasture, nurseries, and
forestry.
2.
Residential accessory uses, such as lawns, gardens, and parking and
play areas.
3.
Non-residential areas, such as loading areas, parking, and airport
landing strips.
4.
Public and private recreational uses, such as golf courses, archery
ranges, picnic grounds, parks, wildlife, and nature preserves.
5.
In Zone A, obtain, review, and reasonably utilize any floodway data available through Federal, State, or other sources or Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(7) of this Article in meeting the standards of this Article.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 03-142 §1(45), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 10-041 §33, 6-2-2010]
A.
Purpose. The purpose of the density floodway is to address
a variety of issues related to the planning, development, and management
of the floodplain and to do so by permitting development to occur
in a fashion that disperses and spreads it throughout the density
floodway. The following criteria must be considered in minimizing
the negative impacts of encroachments on flood flows across the density
floodway: the density floodway regulations apply to the development
that occurs coincidentally behind a uniform 20-year levee at the L15
location; the configuration or orientation of development within each
lot/parcel will be such as to minimize the loss of effective conveyance
for the entire density floodway; the development of each lot/parcel
shall be located on one (1) of the higher areas of the lot/parcel
and oriented in such a way that its location and orientation provide
the greatest overall floodplain conveyance.
B.
Permitted Uses. Any use permitted in Section 405.365, Floodway Overlay District of this Article shall be permitted in the Density Floodway Overlay District to the extent that they are not prohibited by any other Unified Development Ordinance Section. These uses are subject to Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, of this Article.
C.
Standards For The Density Floodway Overlay District.
1.
With a "No-Rise Certification", any development on a lot/parcel which
creates fill or blockage in the density floodway shall be permitted.
A no-rise certification shall be provided by a registered professional
engineer demonstrating that the development shall not result in any
increase in the base flood elevation. The analysis for the no-rise
certification must be calculated and evaluated on a lot/parcel basis
only; it is not to be calculated for the entire density floodway.
Such development can be caused by activities including fill (which
shall include continuous fill, with the exception of a uniform 20-year
levee at the L15 location), new construction, substantial improvements,
and minor improvements.
2.
Lacking a "No-Rise Certification", the maximum surface area of each lot/parcel that can be developed is limited to not more than eighteen percent (18%). Any such fill or development must not be continuous (with the exception of a uniform 20-year levee at the L15 location) or contiguous with other developments so as to restrict the flow of floodwater, in keeping with the purpose statement (Section 405.015) of this Chapter. In the event that continuous or contiguous fill or development is deemed necessary, the provisions of Subsection (C)(1) of this Section must be met. Percent development is equal to the surface area of a lot/parcel within the density floodway as recorded in the St. Charles County Recorder of Deeds office on or before December 15, 1992, that will be occupied by a development divided by the total surface area of the lot/parcel expressed as a percentage. Structures which are constructed to replace structures existing before December 15, 1992, but which are demolished after December 15, 1992, will not be counted toward the eighteen percent (18%) limitation on development.
4.
The future sale of a portion of a lot/parcel in the density floodway
shall result in the remaining developed area being apportioned between
the lots/parcels, unless it is set out differently in the deeds as
recorded in the St. Charles County Recorder of Deeds office on or
before December 15, 1992.
5.
St. Charles County intends to maintain the eighteen percent (18%)
of developable area for each lot/parcel and the total area of the
density floodway, as depicted on the Flood Insurance Rate Map (FIRM),
dated March 17, 2003, as amended hereafter.
D.
Application Procedure For Floodplain Development Permits In The Density
Floodway.
1.
When an individual requests a floodplain development permit in the
density floodway, the following materials will be provided to the
applicant upon the submittal of the deed to the property recorded
on or before December 15, 1992:
a.
The brochure All About Building in the Floodplain.
b.
A copy of the Flood Insurance Rate Map for the area which is proposed
to be developed.
c.
A statement indicating the maximum amount of allowable encroachment
area in square feet and/or acres.
d.
A copy of the density floodway regulations.
e.
Instructions that the applicant must provide two (2) copies of the
development plans showing the location and nature of the development
along with an elevation certificate indicating the existing grade
elevation (an elevation certificate is not required for routine maintenance
or minor improvements).
2.
Upon receipt of the plans, as stipulated in Section 405.370, Density Floodway Overlay District, Subsection (D)(1)(e), the Director of the Division of Planning and Zoning or his or her designee shall:
a.
Review submittal to determine compliance.
b.
Release a floodplain development permit (in most applications to
allow construction of foundation only).
c.
Upon submittal of a second (2nd) elevation (certificate), release
approved floodplain development permit, if elevation meets or exceeds
requirement of one (1) foot above the 100-year floodplain.
d.
Record the actual loss of area for the lot/parcel on the Assessor's
tax parcel map(s).
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord.
No. 03-142 §1(46—48), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §34, 6-2-2010]
A.
The
Board of Zoning Adjustment, as established by St. Charles County,
shall hear and decide appeals and requests for variances from this
Article of the Unified Development Ordinance.
B.
Agricultural and accessory structures, as defined in Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District of this Article, may be eligible for administrative review for variance approval by the Director of Community Development or his/her designee. All requests for administrative variances must meet the conditions of this Chapter or Chapter 410. All approved administrative variances may be subject to review by the Board of Zoning Adjustment.
C.
The
Board of Zoning 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 the Division of Planning and Zoning in the
enforcement and administration of this Article of the Unified
Development Ordinance.
D.
In
passing upon such applications for variances, the Board of Zoning
Adjustment shall consider all technical evaluation, all relevant factors,
standards, and requirements specified in other Sections of the Unified Development Ordinance, and:
1.
The danger that materials may be swept onto other lands to the injury
of others;
2.
The danger to life and property due to flooding or erosion damage;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flooding
or erosion damage, for the proposed use;
7.
The compatibility of the proposed use to the Master Plan and floodplain
management program for that area;
8.
The relationship of the proposed use to the Master Plan and the floodplain
management program for that area;
9.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, and the effects of wave action, if applicable,
expected at the site; and
10.
The cost 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 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 provided
the proposed activity will not preclude the structures continued historic
designation.
2.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
3.
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
4.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result in
increased flood heights, extraordinary public expense, additional
threats to public safety, creating nuisances, case fraud on or victimization
of the public, or conflict with existing local laws and regulations.
5.
St. Charles County shall notify the applicant in writing over the
signature of the Director of the Division of Planning and Zoning that:
a.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage; and
b.
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter or Chapter 410.
c.
All utilities and facilities such as sewer, gas, electrical, and
water systems are located one (1) foot above base flood elevation
or dry-floodproofed to eliminate flood damages.
F.
Agricultural Structure Variance. Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions, as well as those criteria and conditions set forth within Section 405.375, Variance, Subsection (D) and (E) of this Article.
In order to minimize flood damages during the 100-year flood
and the threat to public health and safety, the following conditions
shall be included for any variance issued for agricultural structures
that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered for a variance from the floodplain management regulations of this Chapter or Chapter 410 shall demonstrate that the varied structure is located in wide, expansive floodplain areas, and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farmhouses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to agricultural purposes
in Zone A or AE only, as identified on the community's Flood Insurance
Rate Map (FIRM).
3.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(1) of this Article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
5.
Any mechanical, electrical, or other utility equipment must be located one (1) foot above the base flood elevation or dry-floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
6.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain permanent openings that will permit the automatic entry and exit of floodwaters in accordance within Section 405.355, Floodway Fringe Overlay District, Subsection (B)(3) of this Article.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provision within Section 405.365, Floodway Overlay District of this Article. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
8.
Major equipment, machinery, or other contents must be protected from
any flood damage.
9.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the agricultural structures.
10.
St. Charles County shall notify the applicant in writing over the
signature of a community official that:
a.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage; and
11.
Wet-floodproofing construction techniques must be reviewed and approved
by the Division of Building and Code Enforcement prior to the issuance
of any floodplain development permit for construction.
[Ord. No. 16-054 §11, 7-25-2016]
G.
Accessory Structure Variance. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions, as well as those criteria and conditions set forth within Section 405.375, Variance, Subsections (D) and (E). In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed:
1.
Use of the accessory structures must be solely for parking and limited
storage purposes in Zone A only, as identified on the community's
Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(1) of this Article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must be located one (1) foot above the base flood elevation or dry-floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions, in accordance within Section 405.350, Standards for the Floodway Overlay District, the Floodway Fringe Overlay District and the Density Floodway Overlay District, Subsection (C)(3) of this Article.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain permanent openings on a minimum of two (2) walls that will permit the automatic entry and exit of floodwaters, in accordance within Section 405.355, Floodway Fringe Overlay District, Subsection (B)(3) of this Article. Windows and doors will not be considered as required openings.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions within Section 405.365, Floodway Overlay District, of this Article. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from any
flood damage.
8.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the accessory structures.
9.
St. Charles County shall notify the applicant in writing over the
signature of a community official that:
a.
The issuance of a variance to construct a structure below base flood
level will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one hundred
dollars ($100.00) of insurance coverage; and
10.
Wet-floodproofing construction techniques must be reviewed and approved
by the Division of Building and Code Enforcement prior to the issuance
of any floodplain development permit for construction.
[Ord. No. 16-054 §11, 7-25-2016]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §35, 6-2-2010]
A.
A structure,
or the use of a structure, on premises which was lawful before the
adoption of this Article of the Unified Development Ordinance, but which is not in conformity with the provisions of this Article
of the Unified Development 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 one hundred eighty (180) consecutive
days, any future use of the building premises shall conform to this
Article of the Unified Development Ordinance.
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 fifty
percent (50%) of the current market value, as provided by the St.
Charles County Assessor, of the structure before the damage occurred,
except that it is reconstructed in conformity with the provisions
of this Article of the Unified Development Ordinance. This limitation does not include the cost of any alteration of
a structure listed on the National Register of Historical Places or
a State Inventory of Historical Places.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
Violation
of the provisions of this Article of the Unified Development
Ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with grants of variances or special exceptions) shall constitute
a misdemeanor. Any person who violates this Article of the Unified Development Ordinance or who fails to comply with
any of its requirements shall, upon conviction, be punished by a fine
not to exceed five hundred dollars ($500.00) per day or six (6) months'
imprisonment, or both. Each and every day that such violation continues
shall constitute a separate offense.
B.
Any
person who constructs, alters, repairs or commences the construction
or alteration of a building or structure or regrades a property without
a Floodplain Development Permit or is served with a stop work order
for any work in the "FF", "FW" or "DF" Overlay Districts shall pay
an administrative penalty of two hundred fifty dollars ($250.00) when
a floodplain development permit is issued.
C.
Nothing
herein contained shall prevent St. Charles County or other appropriate
authority from taking such other lawful action as is necessary to
prevent or remedy any violation.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 13-060
§3, 8-12-2013]
The regulations, restrictions, and boundaries set forth in this
Unified Development Ordinance 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. At least fifteen (15) days’ notice of the time
and place of such hearing shall be posted in one (1) or more public
areas of the Administration Building of the County and on the St.
Charles County Government website. A copy of such amendments will
be provided to the Federal Emergency Management Agency. The regulations
of this Article of the Unified Development 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.
[1]
Editor's Note—Ord. no. 07-040 §1, adopted March
13, 2007, repealed section 405.400 "floodplain verification letters"
in its entirety. Former section 405.400 derived from ord. no. 99-99
§1, 7-12-1999; ord. no. 01-054 §1, 4-25-2001; ord. no. 01-111
§2, 9-26-2001; ord. no. 03-142 §1(49), 10-1-2003. At the
editor's discretion, this section has been reserved for the city's
future use.
