A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Article III, Section 415.040. No person, firm or corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for each development as defined in Article II. Application for a development permit shall be made on forms furnished by the Code Enforcement Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
Certification from a registered professional engineer or architect that the non-residential floodproofed structure will meet the floodproofing criteria in Article V, Section 415.170.
To obtain a floodplain development permit, the applicant shall first
file an application in writing on a form furnished for that purpose.
Every floodplain development permit application shall:
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;
Be signed by the permittee or his/her authorized agent who may
be required to submit evidence to indicate such authority.
[R.O. 2012 § 415.120]
The Code Enforcement Officer is hereby appointed to administer
and implement the provisions of this Chapter by granting or denying
development permit applications in accordance with its provisions.
Review all applications for floodplain development permits to
assure that sites are reasonably safe from flooding and that the permit
requirements of this Chapter have been satisfied.
Review all applications for floodplain development permits for
proposed development to assure that all necessary permits have been
obtained from Federal, State or local governmental agencies from which
prior approval is required by Federal, State or local law.
When base flood elevation data has not been provided in accordance with Article III, Section 415.040, then the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation or floodway data available from a Federal, State or other source in order to administer the provisions of Article V.
Verify, record and maintain records of the actual elevation
(in relation to mean sea level) of the lowest floor (including basement)
of all new or substantially improved structures.
Verify, record and maintain records of the actual elevation
(in relation to mean sea level) to which the new or substantially
improved non-residential structures have been floodproofed.
When floodproofing techniques are utilized for a particular
non-residential structure, the Code Enforcement Officer shall obtain
certification from a registered professional engineer or architect.
Notify adjacent communities and the State Emergency Management
Agency (SEMA) prior to any alteration or relocation of a watercourse
and shall submit evidence of such notification to the Federal Emergency
Management Agency.
Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where
there appears to be a conflict between a mapped boundary and actual
field condition), the Code Enforcement Officer shall make the necessary
interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation
as provided in this Article.
Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether
such proposals will be reasonably safe from flooding.
The Board of Adjustment as established by the City of Portageville
shall hear and decide appeals and requests for variances from the
requirements of this Chapter.
The Board of Adjustment shall hear and decide appeals when it is
alleged that there is an error in any requirements, decision or determination
made by the Code Enforcement Officer in the enforcement or administration
of this Chapter.
Any person aggrieved by the decision of the Board of Adjustment or
any taxpayer may appeal such decision to the Circuit Court of New
Madrid County, Missouri, as provided in Section 89.110, RSMo.
In passing upon such applications, the Board of Adjustment shall
consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Chapter and the following
criteria:
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
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems and
streets and bridges.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided Subsection (E)(2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction or 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 a determination that the proposed activity
will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
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) or one hundred
dollars ($100.00) of insurance coverage; and
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.