City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1383 §800, 1-6-2003; Ord. No. 1420 §8, 11-17-2003; Ord. No. 1528 §1, 8-7-2006; Ord. No. 1538 §1, 9-5-2006]
A. 
Statutory Authorization. The General Assembly of the State of Missouri has, pursuant to its delegation of the Police power in Section 89.020, RSMo., delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare.
B. 
Findings Of Fact.
1. 
Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Oak Grove, Missouri, are subject to inundation which results in loss of life and property, heath and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all that adversely affect the public health, safety and general welfare.
2. 
General causes of the flood losses. These flood losses are caused by:
a. 
The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and
b. 
The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated or otherwise unprotected from flood damages.
3. 
Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this Article uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.
a. 
Selection of a base flood that is based upon engineering calculations which permits consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this Article is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Article. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated September 29, 2006, as amended, and any future revisions thereto.
b. 
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c. 
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d. 
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e. 
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.
C. 
Statement Of Purpose. It is the purpose of this Article to promote the public health, safety and general welfare; to minimize those losses described in Section 405.350(B); 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(b) by applying the provisions of this Article to:
1. 
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
2. 
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3. 
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
D. 
Lands To Which Article Applies. This Chapter shall apply to all lands within the jurisdiction of the City of Oak Grove identified as unnumbered A zones, on the Flood Insurance Rate Map (FIRM) Jackson County, Missouri Panel 29095C0332F, 29095C0351F, 29095C0236F, 29095C0238F and 29095C0219F dated September 29, 2006, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health and the inhabitants of the community, and as specifically noted in Section 405.350(C).
E. 
Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Article and other applicable regulations.
F. 
Abrogation And Greater Restrictions. It is not intended by this Article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article shall prevail. All other ordinances inconsistent with this Article are hereby repealed to the extent of the inconsistency only.
G. 
Interpretation. In their interpretation and application, the provisions of this Article shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
H. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on 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 and bridge openings restricted by debris. This Article does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Article shall not create a liability on the part of the City of Oak Grove, Missouri, any officer or employee thereof for any flood damages that may result from reliance on this Article or any administrative decision lawfully made thereunder.
I. 
Severability. If any Section, clause, provision or portion of this Article is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Article shall not be affected thereby.
J. 
Conflict. That all ordinances or parts of ordinances in conflict with this Article are hereby repealed.
[Ord. No. 1383 §801, 1-6-2003; Ord. No. 1420 §§9 — 10, 11-17-2003]
A. 
Floodplain Development Permit (Required). A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufacturing structures, within the lands described in Section 405.350(D). No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B. 
Designation Of Floodplain Administrator. A designee appointed by the City Administrator is hereby designated as the Floodplain Administrator and is appointed to administer and implement the provisions of this Article.
C. 
Duties And Responsibilities Of Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but are not limited to:
1. 
Review of all applications for floodplain development permits to assure sites are reasonably safe from flooding and that the floodplain development permit requirements of this Article have been satisfied;
2. 
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained for Federal, State or local governmental agencies that prior approval is required by Federal, State or local law;
3. 
Review all subdivision proposals and other proposed new developments, including manufactured home parks or subdivisions, to determine if such proposals will be reasonably safe from flooding;
4. 
Issue floodplain development permits for all approved applications;
5. 
Notify adjacent communities and the Missouri Department of Natural Resources prior to any significant alteration or relocation of a watercourse and to submit evidence of such notification to the State Emergency Management Agency (SEMA);
6. 
Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;
7. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;
8. 
Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed; and/or
9. 
When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification for a registered professional engineer or architect.
D. 
Application For Floodplain Permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for the purpose. Every floodplain development permit application shall:
1. 
Describe the land that 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 building or work;
2. 
Identify and describe the work to be covered by the floodplain development permit;
3. 
Indicate the use or occupancy that the proposed work is intended;
4. 
Indicate the assessed value of the structure and the fair market value of the improvement;
5. 
Identify the existing base flood elevation and the elevation of the proposed development;
6. 
Give such information as reasonably may be required by the Floodplain Administrator;
7. 
Be accompanied by plans and specifications for proposed constructions; and
8. 
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.
[Ord. No. 1383 §802, 1-6-2003; Ord. No. 1420 §§11 — 12, 11-17-2003]
A. 
General Standards.
1. 
No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any unnumbered A Zone unless the conditions of this Article are satisfied.
2. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Article. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data available from Federal, State or other sources.
3. 
Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the 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 more than one (1) foot at any point within the community.
4. 
All new construction, subdivision proposals, substantial improvement, prefabricated buildings, placement of manufactured homes and other development shall require:
a. 
Design or adequate anchorage to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. 
Construction of materials resistant to flood damage;
c. 
Utilization of methods and practices that minimize flood damage;
d. 
All electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities be designated and/or located as to prevent water from entering or accumulating within the components during conditions of flooding;
e. 
New or replacement water supply system and/or sanitary sewage 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; and
f. 
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage;
(2) 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) 
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevations data.
5. 
Storage, material and equipment.
a. 
The storage or processing of materials within the special flood hazard area that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
b. 
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent floatation, or if readily removable from the area within the time availability after a flood warning.
6. 
Accessory structures. Structures 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 Article; and a floodplain development permit has been issued.
B. 
Specific Standards. In all areas of special flood hazard, once base flood elevation data is obtained, as set forth in Section 405.360(A), the following provisions are required:
1. 
Residential construction. New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated one (1) foot above base flood level.
2. 
Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured homes, shall have the lowest floor, including the basement, elevated one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below 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 or architect shall certify that the standards of this Subsection are satisfied.
3. 
Require, for all new construction and substantial improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and 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. 
A minimum of two (2) openings having a total net of not less than one (1) square inch for every square foot of enclosed are subject to flooding shall be provided; and
b. 
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.
C. 
Manufactured Homes.
1. 
All manufactured homes to be placed within special flood hazard areas shall be required to be installed using methods and practices that minimize flood damage. For the purposes for their requirement, manufactured homes must be elevated and anchored to resist floatation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2. 
Require that manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones, on the community's FIRM on sites:
a. 
Outside of manufactured home park or subdivision;
b. 
In a new manufactured home park or subdivision;
c. 
In an expansion to an existing manufactured home park or subdivision; or
d. 
In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
3. 
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within unnumbered A Zones on the community's FIRM, that are subject to the provisions of Article X of this Chapter, be elevated so that either:
a. 
The lowest floor of the manufactured home is one (1) foot above the base flood level; or
b. 
The manufactured home chassis is supported by reinforced piers or other foundation elements or at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist floatation, collapse and lateral movement.
D. 
Floodway. Located within areas of special flood hazard established in Section 405.350 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1. 
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2. 
The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3. 
If Section 405.360(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 405.360.
4. 
In unnumbered A Zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Section 405.360(A)(2).
E. 
Recreational Vehicles. Requires that recreational vehicles placed on sites within numbered and unnumbered A Zones and AE Zones on the community's FIRM either:
1. 
Be on-site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use[1]; or
[1]
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
2. 
Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Chapter.
[Ord. No. 1383 §803, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
A. 
Establishment Of Appeals Board. The Board of Zoning Adjustment as established by the City of Oak Grove shall hear and decide appeals and request for variances from the floodplain management requirements of this Article.
B. 
Responsibility Of Appeal Board.
1. 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the Board of Zoning and Appeals as defined in Section 405.115.
2. 
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 Floodplain Administrator in the enforcement or administration of this Article.
C. 
Further Appeals. Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal such decision to the Circuit Courts of Jackson or Lafayette Counties as provided in Section 89.110, RSMo.
D. 
Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Aldermen shall consider all technical data and elevations, all relevant factors, standards specified in other Sections of this Article and the following criteria:
1. 
The danger of life and property due to flood damage;
2. 
The danger that materials may be swept onto other land to the injury to others;
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 flood damage, for the proposed use;
7. 
The compatibility of the proposed use with existing and anticipated development;
8. 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
9. 
The safety of access of the property in times of flood for ordinary and emergency vehicles;
10. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11. 
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; streets and bridges.
E. 
Conditions For Approving Floodplain Management Variances.
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (2 — 6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
2. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon determination.
3. 
Variances shall not be issued within any designated floodway if any significant increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Variances shall only be issued upon:
a. 
A showing of good and sufficient cause;
b. 
A determination that the granting of a variance will not result in exceptional hardship to the applicant; and
c. 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
6. 
A community 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 the 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 of life and property. Such notification shall be maintained with the record of all variance actions as required by this Article.
F. 
Conditions For Approving Variances For Accessory Structures. 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 in Subsections (D) and (E) of this Section. 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 with Section 405.360(A)(4)(b) of this Article.
3. 
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 405.360(A)(4)(a) 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 above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 405.360(A)(4)(d) 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 openings that will permit the automatic entry and exit of floodwaters in accordance with Section 405.360(B)(3)(a) and (b) of this Article.
6. 
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 405.360(D)(2) 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. 
A community 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
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 Article.
10. 
Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
[Ord. No. 1383 §804, 1-6-2003]
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 granting of variances, shall constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) 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 Oak Grove or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 1383 §805, 1-6-2003]
The regulations, restrictions and boundaries set forth in this Article may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Oak Grove. 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 Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Article are in compliance with the National Flood Insurance Program (NFIP) regulations.