[Ord. No. 3121, 4-18-2016]
A. 
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 415.070. No person 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 Section 415.040. Application for a development permit shall be made on forms furnished by the Building Inspector 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 and 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 each structure.
2. 
Elevation, in relation to mean sea level, to which any non-residential structure is to be floodproofed.
3. 
Certification from a registered professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in Subsection (A)(2) of Section 415.190.
4. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Ord. No. 3121, 4-18-2016]
The Building Inspector is hereby appointed to administer and implement the provisions of this Chapter, by granting or denying development permit applications in accordance with its provisions.
[Ord. No. 3121, 4-18-2016]
A. 
Duties of the Building Inspector shall include, but not be limited to:
1. 
Review all development permits to ensure that sites are reasonably safe from flooding and that the permit requirements of this Chapter have been satisfied.
2. 
Review permits for proposed developments to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
3. 
When base flood elevation data has not been provided in accordance with Section 415.070, 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 III of this Chapter.
4. 
Verify, record and maintain records of the actual elevations, in relation to mean sea level, of the lowest floors, including basements, of all new or substantially improved structures.
5. 
Verify, record and maintain records of the actual elevations, in relation to mean sea level, to which the new or substantially improved structures have been floodproofed.
6. 
When floodproofing is utilized for a particular structure, obtain certification from a registered professional engineer or architect.
7. 
Notify adjacent communities and the State Department prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
8. 
Ensure that maintenance is provided within the altered or relocated portion of such 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 hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), 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.
[Ord. No. 3121, 4-18-2016]
A. 
The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter.
B. 
The City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Inspector in the enforcement or administration of this Chapter.
C. 
Any person aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the Circuit Court as provided in Chapter 89, RSMo.
D. 
In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and:
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 flood or erosion damage;
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 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 floodplain 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 floodwaters 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 shall be as follows:
1. 
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 paragraphs (2) through (6) of this Subsection have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical jurisdiction 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 or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.
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 a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
6. 
Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation.