Cass County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 12-02, 12-10-2012]
The provisions of this Section shall apply to all unincorporated areas of Cass County identified on the Flood Insurance Rate Maps (FIRM) or Floodway Maps as promulgated by the Federal Emergency Management Agency (FEMA) and determined to be within the "FW" and "FF" Districts as defined in this Zoning Development Code. The County shall enforce these floodplain regulations to meet provisions of 44 CFR Part 60, Section 60.3.(d) relating to floodplain management criteria for flood-prone areas.
[Ord. No. 12-02, 12-10-2012]
A. 
Flood Losses Resulting From Periodic Inundation. The flood hazard areas of Cass County, Missouri, are subject to inundation which results in 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 the public health, safety and general welfare.
B. 
General Causes Of These Flood Losses. These flood losses are caused by:
1. 
The cumulative effect of obstruction in floodways causing increases in flood heights and velocities, and
2. 
The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.
C. 
Methods Used To Analyze Flood Hazards. This Chapter uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
1. 
Selection of a regulatory flood which is based upon engineering calculations which 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 Chapter is representative of large floods which are reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter. 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 Administration's Flood Insurance Study, and illustrative materials dated March 16, 2006, as amended.
2. 
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and over bank 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 area outside the floodway encroachment lines but which is subject to inundation by the regulatory flood.
[Ord. No. 12-02, 12-10-2012]
A. 
It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize those losses described in Section 415.020(A) by applying the provisions of this Chapter 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 initial construction.
3. 
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
4. 
Assure that eligibility is maintained for property owners in the County to purchase flood insurance in the National Flood Insurance Program.
[Ord. No. 12-02, 12-10-2012]
A. 
Lands To Which Chapter Applies. This Chapter shall apply to all lands within the jurisdiction of Cass County, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Cass County, Missouri on Index Map Panel 29037CIND0B, dated January 2, 2013, as amended, and any future revisions thereto. In all areas covered by this Chapter no development shall be permitted except upon a permit to develop granted by the Cass County Commission or its duly designated representative under such safeguards and restriction as the Cass County Commission or the designated representative may reasonably impose for the promotion and maintenance of the general welfare and health of the inhabitants of the County and where specifically noted in Sections 415.070, 415.080 and 415.090.
B. 
The Zoning Officer. The Zoning Officer of the County is hereby designated as the County's duly designated Zoning Officer under this Chapter.
C. 
Rules For Interpretation Of District Boundaries. The boundaries of the Floodway and Floodway Fringe Districts shall be determined by scaling distances on the official Zoning Map or on the Flood Insurance Rate Map or Floodway Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official Zoning Map, as for examples where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Officer shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Zoning Adjustment will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence, if he so desires.
D. 
Compliance. No development located within known flood hazard areas of this County shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.
E. 
Abrogation And Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and other order, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. 
Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the County Commission and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
G. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Chapter 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 height may be increased by man- made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside Floodway and Floodway Fringe District boundaries or land uses permitted within such districts will be free from flooding or flood damages. This Chapter shall not create liability on the part of Cass County Planning and Zoning Department or any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made hereunder.
H. 
Severability. If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
I. 
Appeal. Where a request for a permit to develop is denied by the Cass County Planning and Zoning Department, the applicant may apply for such permit directly to the Board of Zoning Adjustment.
[Ord. No. 12-02, 12-10-2012]
A. 
No person, firm or corporation shall initiate any development, construction or substantial improvement or cause the same to be done within the "FW" or "FF" without first obtaining a separate permit for development under these floodplain management provisions and in compliance with FEMA regulations.
1. 
Administration.
a. 
The Cass County Zoning Director is hereby appointed to administer and implement the provisions of this Chapter.
b. 
Duties of the Cass County Zoning Director shall include, but not be limited to:
(1) 
Review all development permits to assure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
(2) 
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
(3) 
Notify adjacent communities and the MDNR prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(4) 
Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5) 
Verify, 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.
(6) 
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.
(7) 
Require verification, recording and updating of records of the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, using reference marks ("RM") established by FEMA.
(8) 
Require verification, recording and updating of records of the actual elevation (in relation to mean sea level) using reference marks ("RM") established by FEMA, to which the new or substantially improved structures have been floodproofed and certified by a qualified individual as defined by FEMA when floodproofing as defined herein is utilized for a particular structure.
(9) 
When floodproofing is utilized for a particular structure, the Cass County Zoning Officer shall be presented certification from a registered professional engineer or architect.
2. 
Application for permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every such application shall:
a. 
Identify and describe the work to be covered by the permit.
b. 
Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.
c. 
Indicate the use or occupancy for which the proposed work is intended.
d. 
Be accompanied by plans and specifications for proposed construction.
e. 
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
f. 
Give such other information as reasonably may be required by the Cass County Zoning Officer.
[Ord. No. 12-02, 12-10-2012]
The mapped floodplain areas within the jurisdiction of this Chapter are hereby divided into the two (2) following districts: a Floodway District (FW) and a Floodway Fringe District (FF) identified in the Flood Insurance Study (and accompanying map(s)). Within these districts all uses not meeting the standards of this Chapter and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones (also including AO, AE, or established by a special study, and AH Zones) as identified on the official Flood Insurance Rate Map (FIRM) and identified in the Flood Insurance Study provided by the Federal Emergency Management Agency.
[Ord. No. 12-02, 12-10-2012]
A. 
No permit for development shall be granted for new construction, substantial improvements and other improvements within all numbered and unnumbered A Zones unless the conditions of this Section are satisfied.
B. 
All residences to be placed or substantially improved (more than fifty percent (50%) of the value) within the "FW", "FF" and the A Zone districts shall be elevated on a permanent foundation such that the lowest floor of the home is at least two (2) feet above base flood elevation and shall be permanently anchored to said foundation. Where no base flood elevation is known, the applicant will hire a registered engineer to determine the B.F.E. An as-built elevation certificate (lowest floor) from a land surveyor will be required upon completion of the building. An occupancy certificate shall not be issued until this document is provided.
C. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this Chapter. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation data currently available within its area of jurisdiction.
D. 
New construction, substantial improvements, prefabricated building and other developments shall require:
1. 
Design or anchorage to prevent flotation, collapse or lateral movement due to flooding.
2. 
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and dischargers from the system into floodwaters, and on-site waste disposable systems be located no less than one hundred (100) feet from the nearest Floodway Fringe District (FF), or if necessary in the judgment of the Director of Planning and Zoning, a greater distance to avoid impairment or contamination; except that lagoons and evaporation ponds may be allowed within the flood fringe by floodplain development permit, improved with a berm no less than two (2) feet above the base flood elevation, and as-built plans certifying the elevation as approved by the Director of Planning and Zoning, provided that no sanitary sewer lateral collection lines shall be allowed closer than one hundred (100) feet from the nearest Floodway Fringe District (FF).
[Ord. No. 08-02, 2-1-2018]
3. 
New development and substantial improvements to: a) use construction materials and utility equipment that are resistant to flood damage, and b) use construction methods and practices that will minimize flood damage, consistent with economic practicability.
4. 
All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.
5. 
Until a floodway has been designated, no development, including landfill, may be permitted within Zones A1 — A30 on the County's FIRM unless the applicant for 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 (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference; Section 415.020(C) of this Chapter.
6. 
Construction and encroachments shall be prohibited, 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 practices that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
7. 
Notwithstanding any other provisions of 44 CFR Part 60, Section 60.3.(d), the County may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the County first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of the Code of Federal Regulations, and receives the approval of the FEMA Administrator. All manufactured homes proposed to be placed within Zone A on the County's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to any applicable State and local anchoring requirements for resisting wind forces.
8. 
Storage and 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.
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. 
Recreational vehicles placed on site within all unnumbered and numbered A Zones and AE Zones on the County's FIRM must either:
(1) 
Be on the site fewer that one hundred eighty (180) consecutive days, but fully licensed, and be on wheels or jacking systems and attached to the site only by quick-disconnect type utilities and security devices, and not have permanently attached additions; or
(2) 
Meet the permitting elevations and the anchoring requirements for manufactured homes of these regulations.
9. 
Subdivision proposals and other proposed new development shall be required to assure that:
a. 
All such proposals are consistent with the need to minimize flood damage,
b. 
All public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage,
c. 
Adequate drainage is provided so as to reduce exposure to flood hazards, and
d. 
Proposals for development of five (5) acres or two (2) lots, whichever lesser, include within such proposals the regulatory flood elevation.
[Ord. No. 12-02, 12-10-2012]
A. 
Permitted Uses. Any use permitted in Section 415.090 shall be permitted in the Floodway Fringe District. No use shall be permitted in the district unless the standards of Section 415.070 are met.
B. 
Standards For The Floodway And Flood Fringe District.
1. 
Require new construction or substantial improvement of residential structures to have the lowest floor, including basement elevated to or above two (2) feet above the base flood elevation.
2. 
Require new construction or substantial improvements of non-residential structures to have the lowest floor, including basement, elevated to or above two (2) feet above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level the structure is water-tight 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 415.050(1)(b)(9).
3. 
Within AH Zones adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
4. 
Located within the areas of special flood hazard established in Section 415.040(A) are areas designated as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply within AO Zones:
a. 
All new construction and substantial improvements of non-residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two (2) feet above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified.)
b. 
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 two (2) feet above the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified), or
(2) 
Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is water-tight 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. Such certification shall be provided to the official as set forth in Section 415.050(1)(b)(9).
c. 
Adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.
[Ord. No. 12-02, 12-10-2012]
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 Chapter. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered 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 the flood levels of the regulatory flood elevation. These uses are subject to the standards of Sections 415.070 and 415.080.
1. 
Agricultural uses such as general farming, pasture, nursery, forestry.
2. 
Residential uses such as lawns, gardens, parking and play areas.
3. 
Non-residential areas such as loading areas, parking, airport landing strips.
4. 
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
[Ord. No. 12-02, 12-10-2012]
A. 
Violation of the provisions of this Chapter 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 Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars ($1,000.00), and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. 
Nothing herein contained shall prevent the Cass County Planning and Zoning Department or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 12-02, 12-10-2012]
The regulations, restrictions, and boundaries set forth in this Chapter 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 published in a newspaper of general circulation in the County. A copy of such amendments will be provided to the Federal Emergency Management Agency. The regulations of this Chapter are in compliance with the National Flood Insurance Program regulations.
[Ord. No. 12-02, 12-10-2012]
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
ACTUARIAL OR RISK PREMIUM RATES
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 Cass County Zoning Officer's interpretation of any provision of this Chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD
The flood having one percent (1%) chance of being equaled or exceeded in any given year. A 100-year flood is a flood that has a one percent (1%) chance of being equaled or exceeded in any given year. A base flood may also be referred to as a 100-year storm and the area inundated during the base flood is sometimes called the 100-year floodplain.
BASE FLOOD ELEVATION (BFE)
The height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or average depth of the base flood, usually in feet, above the ground surface.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
EXISTING CONSTRUCTION
For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs 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 or tidal waters and/or (2) the unusual and rapid accumulation of 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.
FLOODWAY OR REGULATORY FLOODWAY
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 (1) foot as shown on the FIRM.
FLOODWAY FRINGE
That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year) as shown on the FIRM.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purpose of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed, which for these regulations is two (2) feet above base flood elevation.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
LOWEST ADJACENT GRADE
The lowest natural elevation of the ground surface prior to construction next to the proposed walls of a structure, including bottoms of window wells and outside stairways.
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
START OF CONSTRUCTION
The first (1st) placement of permanent constructions of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the "start of construction" includes the first (1st) permanent framing or assembly of the structure or any part thereof on its piling or foundation. For insurance rating purposes, the terms "PRE FIRM" and "POST FIRM" may be used. For a substantial improvement, the "actual start of construction" means the first (1st) alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building that is principally aboveground and a gas or liquid storage tank that is principally aboveground.
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 fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (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. The 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 Official and which are the minimum necessary to assure safe living conditions; or
2. 
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".