A.
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:
1.
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures.
2.
Elevation in relation to mean sea level to which any non-residential
structure is to be floodproofed.
4.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
A.
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:
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 assessed value of the structure and the fair market
value of the improvement;
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;
7.
Give such other information as reasonably may be required by the
Codes Enforcement Officer;
8.
Be accompanied by plans and specifications for proposed construction;
and
9.
Be signed by the permittee or his/her authorized agent who may be
required to submit evidence to indicate such authority.
The Codes 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.
A.
Duties
of the Codes Enforcement Officer shall include, but not be limited
to:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
Assure that maintenance is provided within the altered or relocated
portion of any watercourse so that the flood-carrying capacity is
not diminished.
9.
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field condition)
the Codes 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.
10.
Issue floodplain development permits for all approved applications.
11.
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.
A.
The
Board of Adjustment as established by the City of Velda City shall
hear and decide appeals and requests for variances from the requirements
of this Chapter.
B.
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.
C.
Any
person aggrieved by the decision of the Board of Adjustment or any
taxpayer may appeal such decision to the Circuit Court of Platte County,
Missouri, as provided in Section 89.110, RSMo.
D.
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:
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 a 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 with existing and anticipated
development;
8.
The relationship of the proposed use to the comprehensive plan and
flood plain management program for that area;
9.
The safety of access to 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 flood waters and the effects of wave action, 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, and
streets and bridges.
E.
Conditions for 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, provided in 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, 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 an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3.
Variances shall not be issued within any designated floodway if any
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 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, 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.
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 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
b.
Such construction below the base flood level increases risks to life
and property.
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Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
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