[Res. No. 07-06, Zoning Order Art.
7 § A, 7-12-2007]
The provisions of this Subsection 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 floodway (FW) and flood
fringe (FF) districts as defined in this order. The County shall enforce
these floodplain regulations to meet provisions of 44 CFR Part 60,
§ 60.3.(d) relating to floodplain management criteria for
flood-prone areas, and of County Ordinance 06-05, dated March 09,
2006.
[Res. No. 07-06, Zoning Order Art.
7 § B, 7-12-2007]
A.
Flood Losses Resulting From Periodic Inundation. The (FIRM) designated
flood hazard areas of Cass County, Missouri, are subject to inundation
which may result 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 Order uses a reasonable
method of analyzing flood hazards which consists of a series of interrelated
steps.
1.
Selection of a regulatory flood event (RFE) 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 event selected for
this Order is representative of large floods which are reasonably
characteristic of what can be expected to occur on the particular
streams subject to this Order. 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, 1980,
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 up or
down stream.
4.
Delineation of floodway encroachment lines within which no obstruction
is permitted which would cause any increase in flood height.
5.
Delineation of a floodway fringe area outside the floodway encroachment
lines which may be subject to inundation by the regulatory flood.
[Res. No. 07-06, Zoning Order Art.
7 § C, 7-12-2007]
A.
It is the purpose of this Order to promote the public health safety and general welfare and to minimize those losses described in section 400.410(A) by applying the provisions of this Order 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 measures
at the time of initial construction.
3.
Inform the public of the presence of lands which may be 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.
[Res. No. 07-06, Zoning Order Art.
7 § D, 7-12-2007]
Unless specifically defined below, words or phrases used in
this Order shall be interpreted so as to give them the meaning they
have in common usage and to give this Order its most reasonable application.
Those rates established by the FEMA 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.
A request for a review of the Cass County Zoning Officer's
interpretation of any provision of this Order or a request for a variance.
A designated 'AO' or 'AH' Zone, where a clearly defined channel
is unpredictable and where velocity flow may be evident, on a community's
Flood Insurance Rate Map (FIRM). Such areas are susceptible to a one
percent (1%) or greater annual chance of flooding to an average depth
of one (1) to three (3) feet. Such flooding is characterized by ponding
or sheet flow.
Is the land in the flood plain within a community subject
to one percent (1%) or greater chance of flooding in any given year.
Is 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.
Means (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.
An official map of a community, as issued by the Federal
Emergency Management Agency, (FEMA) on which the Flood Insurance Study
has delineated the Flood Hazard Boundaries and the zones establishing
insurance rates applicable to the community.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
bodies of water, or the unusual and rapid accumulation of runoff of
surface waters from any source.
Is that area of the flood plain, outside of the floodway,
that on the average is likely to be flooded in an RFE that has a one
percent (1%) chance of flood occurrence in any one (1) year in the
Floodway Fringe where indicated on the FIRM.
The likely channel of a river or other watercourse and the
adjacent land areas that must be reserved and available in order to
discharge a flood condition without cumulatively increasing the water
surface elevation more than one (1) foot where the Floodway is indicated
on the FIRM.
A factor of safety to limit damage above a Base Flood Elevation
(BFE). It is used as a means of risk management in the flood plain.
Freeboard may compensate for unknown factors that could contribute
to flood heights greater than the estimated height calculated as the
BFE, such as wave action, clogged bridge openings and the hydrological
effect of recent changes in the topography within the watershed. Freeboard
for this Order is two (2) feet above the Base Flood Elevation.
The highest natural elevation of the ground surface prior
to construction adjacent to the walls of a proposed structure.
The lowest natural elevation of the ground surface prior
to construction adjacent to the walls of a proposed structure, including
bottoms of window wells and outside stairways.
For the purposes of determining insurance rates, refers to
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 alterations or 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 a floodplain management regulations
adopted by a community and includes any subsequent alterations or
improvements to such structures.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year. A Regulated Flood Event (RFE) may also
be referred to as a one-hundred-year storm and the area inundated
during the base flood is sometimes called the one-hundred-year floodplain.
A one-hundred-year flood is a flood that has a one percent (1%) chance
of being equaled or exceeded in any given year.
The placement of the initial elements of a structure on a
site, such as the placement of foundations. For a substantial improvement,
the actual start of construction means the first 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.
Any permanent, three (3) dimensional object, such as walled
and roofed buildings, gas or liquid storage tanks, or earthen constructions
that are principally above the original natural grade on the site.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its pre-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
immediately before the damage occurred.
Any reconstruction, rehabilitation, repair, addition, or
other improvement or alteration 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, refer
to either alteration of a structure to correct existing violations
of State or local health, sanitary, or building code specifications
in use by the County; or any alteration of a "historic structure,"
provided that the alteration will not preclude the structure's continued
designation as a "historic structure."
[Res. No. 07-06, Zoning Order Art.
7 § E, 7-12-2007]
A.
Lands To Which Order Applies. This Order shall apply to all lands
within the jurisdiction of Cass County, Missouri, identified on the
Flood Insurance Rate Map (FIRM) as numbered and unnumbered 'A' Zones
and also including other zones as included and defined, and within
the Zoning Districts FW and FF established in this Order.
B.
In all areas covered by this Order no development or construction
shall be permitted except by issuance of a permit for a specific purpose
by the County or its duly designated representative under such safeguards
and restriction as the County may reasonably impose for the promotion
and maintenance of the general welfare and health of the inhabitants
of the County and where specifically noted below.
C.
Establishment Of Districts. The mapped flood plain areas within the
jurisdiction of this Order 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 maps.
Within these districts all uses not meeting the standards of this
Order and those standards of the underlying zoning district shall
be prohibited. These zones shall be consistent with the flood 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.
D.
Rules For Interpretation Of District Boundaries. The boundaries of
the floodway and floodway fringe districts shall be determined by
scaling distances on the official Flood Insurance Rate Map or Floodway
Map or other such map as shall be of an appropriate scale and detail.
Where interpretation is needed to the exact location of the boundaries,
as in 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 shall 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/her case before the
Board of Zoning Adjustment as defined in the Zoning Order.
E.
Compliance. No structure or construction 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 Order and other applicable regulations.
F.
Abrogation And Greater Restrictions. This Order is not intended to
repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Order and other regulations,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
G.
Interpretation. In their interpretation and application, the provisions
of this Order shall be held to be minimum requirements and shall be
liberally construed in favor of the County and shall not be deemed
a limitation or repeal of any other powers granted by Statutes of
the State or Federal Governments. In the case of conflicts between
the State, Federal and other County Ordinances, the more stringent
interpretation, as made by the County Commission, shall apply.
H.
Warning And Disclaimer Of Liability. The degree of flood protection
required by this Order is considered reasonable for regulatory purposes
and is based on engineering and science. Larger floods may occur on
rare occasions, or the flood height may be increased by man made or
natural causes. This Order 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 Order
shall not create liability on the part of Cass County or any officer
or employee thereof for any flood damages that may result from reliance
on this Order or any administrative decision lawfully made hereunder.
I.
Severability. If any section, clause, provision or portion of this
Order is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this Order shall not be affected thereby.
J.
Appeal. Where a request for a permit to disturb surface areas or
construct within the FW or FF is denied by the County, the applicant
may apply for an appeal before the Board of Zoning Adjustment.
[Res. No. 07-06, Zoning Order Art.
7 § F, 7-12-2007]
A.
The Flood Plain Manager. The Director of Planning and Zoning or his/her
assigned officer of the County is hereby designated as the flood plain
manager under this Order. The manager shall have the discretion to
use such resources as are deemed necessary and are permitted under
the National Flood Insurance Plan.
B.
Enforcement of any violations of this Flood Plain Order shall be
by means of the procedures established for the Administration of this
Zoning Order. These shall include the requirements for notification
of probable violations and the procedures and fees required for the
correction of any such violations under the Compliance Action Plan
administrative approach.
C.
Permit Required. No person, firm or corporation shall initiate any
construction or substantial improvement or disturbance of the surface
conditions or cause the same to be done within the FW or FF without
first obtaining a permit from the County under this Order, and in
compliance with FEMA regulations.
D.
Application For Permit. To obtain a permit, the applicant shall first
file an application in writing on a form furnished for that purpose
by the Zoning Department. Every such application shall:
1.
Identify and describe the work to be covered by the permit.
2.
Describe the land on which the proposed work is to be done by
lot, block tract and house and street address, and recorded, legal
description that will readily identify and definitely locate the proposed
building or work.
3.
Indicate the use or occupancy for which the proposed work is
intended.
4.
Be accompanied by plans and specifications adequate to describe
all proposed construction.
5.
Be signed by the permittee or his/her authorized agent who may
be required to submit evidence to indicate such authority. Authority
of an agent shall be established by a document signed by the permittee.
6.
Provide such other information as reasonably may be required
by the Cass County Zoning Officer.
[Res. No. 07-06, Zoning Order Art.
7 § G, 7-12-2007]
A.
No permit for new construction, substantial improvements and other
improvements within all numbered and unnumbered A Zones shall be granted
unless the conditions of this Section are satisfied.
B.
All residences to be placed or substantially improved to more than
fifty percent (50%) of the current market 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 (BFE) and shall be permanently anchored to said
foundation. Where no Base Flood Elevation is known, the applicant
shall provide analysis and field measurement adequate to establish
a BFE. Such analysis and measurement shall be provided by a registered
engineer. An Elevation Certificate for the lowest floor of the structure,
provided by a licensed land surveyor or civil engineer will be required
upon completion of the building.
C.
All areas identified as unnumbered A Zones on the FIRM are subject
to inundation in the event of a one-hundred-year flood; but the estimated
BFE has not been established by study. The unnumbered A Zones shall
be subject to all development provisions of this Order. 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, alterations, or ground disturbance, including proposed
subdivisions or planned developments shall require the following:
1.
Foundations designed to prevent flotation, collapse or lateral
movement due to flooding.
2.
New installation or replacement of underground utilities, water
supply systems and sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges
from these systems into flood waters. On-site, underground septic
waste disposal systems shall be located not less than one hundred
(100) feet from the nearest floodway fringe (FF) district, or if necessary
in the judgment of the Director of Planning and Zoning, a greater
distance to avoid impairment or contamination. On site above ground
evaporation lagoon systems may be allowed within the flood fringe
when they are contained by a berm no less than two (2) feet above
the base flood elevation, provided the elevation of the completed
work is certified by a surveyor and approved by the Director of Planning
and Zoning.
[Ord. No. 08-02, 2-1-2018]
3.
All utility and sanitary facilities are elevated or flood-proofed
up to the regulatory flood protection elevation.
4.
Use of construction materials and utility equipment that are
resistant to flood damage, and use of construction methods and practices
that will minimize flood damage, consistent with economic practicability
shall be required.
5.
Until a floodway has been designated, no construction or surface
disturbance may be permitted within Zones A1 — A30 on the current
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 RFE flood more than one (1) foot at the average cross section
of the reach in which the construction is located as shown on the
Flood Insurance Rate Study incorporated by reference in this Order.
6.
Construction or surface disturbance shall be prohibited, including
fill, new construction, substantial improvements, and other activity
within the adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practices acceptable to the County and FEMA
that the proposed encroachment will not result in any increase in
flood levels within the community during the occurrence of the base
flood event;
7.
Notwithstanding any other provisions of 44 CFR Part 60, § 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.
8.
Storage of material and equipment which may become, in time
of flooding, buoyant, flammable, explosive, or could be injurious
to human, animals or the environment is prohibited.
9.
Storage of other material or equipment may be allowed if it
is not subject to major damage by floods, is firmly anchored to prevent
flotation or is if readily removable from the area within the time
available after flood warning.
10.
Recreational vehicles placed on site within all unnumbered and
numbered A Zones and AE Zones on the County's FIRM must:
a.
Be fully licensed as required by the County and State.
b.
Be on the site fewer that one hundred eighty (180) consecutive
days.
c.
Be on wheels or jacking systems and attached to the site only
by quick-disconnect type utilities and security devices.
d.
Not have permanently attached additions.
e.
Or meet the permitting elevations and the anchoring requirements
for manufactured homes of these regulations.
11.
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.
d.
Include within such proposals the regulatory flood elevation
where any one applies to the property.
e.
Located within the areas of special flood hazard established
in the FIRM 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:
(1)
All new construction and substantial improvements
of non-residential structures shall have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high
as two (2) feet above the depth elevation number when one is specified
in feet on the community's FIRM or at least two (2) feet if no depth
number is specified.
(2)
All new construction and substantial improvements
of non-residential structures shall: together with utility and sanitary
sewer construction be completely flood-proofed to or above that level
so that any space below that level 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 that might be expected to result from such
a flooding event. A registered professional engineer shall certify
that these FEMA standards of this Subsection have been satisfied.
Such certification shall be provided to the County when requested.
f.
Adequate drainage paths around structures on slopes shall be
required in order to guide floodwaters around and away from proposed
structures.
[Res. No. 07-06, Zoning Order Art.
7 § H, 7-12-2007]
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 regulation.
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 this Order and are limited to:
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 provided paving areas are designed to prevent any increase
in the run off characteristics of the watershed.
4.
Public and private recreational uses such as golf courses, archery
ranges, picnic grounds, parks, wildlife and nature preserves which
do not include structures.
[Res. No. 07-06, Zoning Order Art.
7 § I, 7-12-2007]
A.
Permitted Uses. Any use permitted in the Floodway shall be permitted
in the Floodway Fringe District. No use shall be permitted in the
district unless the standards of this Order are met. Uses are limited
to:
1.
Uses for new construction or substantial improvement of residential
structures are required to have the lowest floor, including basement,
elevated to, or above, an elevation at least two (2) feet above the
base flood elevation.
2.
Uses for new construction or substantial improvements of non-residential
structures are required to have the lowest floor, including basement,
elevated to or above an elevation at least two (2) feet above the
base flood elevation or, together with utility and sanitary construction,
to be "flood proofed." Typically this requires 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 that might be expected to result from such a flooding
event. A registered professional engineer shall certify that these
FEMA standards of this Subsection have been satisfied. Such certification
shall be provided to the County when requested.
3.
Within 'AH' Zones adequate drainage paths around structures
on slopes shall be required in order to guide flood waters around
and away from proposed structures.
[Res. No. 07-06, Zoning Order Art.
7 § J, 7-12-2007]
Failure to comply with any of the requirements, including violations
of conditions and safeguards established in connection with grants
of variances or special exceptions, of this Order shall constitute
a misdemeanor. Upon conviction thereof, anyone violating this Order
will be subject to fines of not more than one hundred dollars ($100.00),
and in addition, shall pay all costs and expenses of the County that
are a result of the case. Each day such violation continues beyond
the first day shall be considered a separate offense and fine.
Nothing herein contained shall prevent any other authority from
taking such other lawful action as is necessary to prevent or remedy
any violation.
[Res. No. 07-06, Zoning Order Art.
7 § K, 7-12-2007]
The requirements set forth in this Order 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,
and provided, however, that no such action may be taken until after
a public hearing in relation thereto. 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 Order are in compliance with the National Flood Insurance
Program Regulations.
