HomeMy WebLinkAboutOrd.1083.09-16-1991 BILL N0. 91-158 ORDINANCE N0. I �U�
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE
KNOWN AS THE "FLOODPLAIN MANAGEMENT REGULATIONS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS :
ARTICLE l . Section 12-2 of the Code of Ordinances of the City
of Cape Girardeau, Missouri , entitled "Definitions" is hereby
repealed in its entirety and a new Section 12-2 entitled
"Definitions" is hereby enacted in lieu thereof , in words and
figures, to read as follows :
Sec. 12-2 . Definitions .
Unless specifically defined in this section, the words
and 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 in
carrying out the purpose and intent of these regulations.
For purposes of this chapter therefore, the following
definitions shall apply:
Actuarial or risk premium rates means 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 means a request for a review of the
administrator ' s interpretation of any provision of these
regulations or a request for a variance .
Area of special flood hazards means the land in the
floodplain within the city which is subject to one ( 1 )
percent or greater chance of flooding in any given year .
Base flood means the flood having a one ( 1 ) percent
chance of being equaled or exceeded in any given year .
Development means any manmade change to improved or
unimproved real estate , including, but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation, drilling operations or storage
of equipment or materials.
Existing construction ( for the purposes of �
determining rates ) structures for which the "start of
construction" commenced before the effective date of the
flood insurance rate map (FIRM) or before January l, 1975,
for FIRM' s effective before that date. "Existing �
construction" may also be referred to as "existing
structures . "
Existing manufactured home parks or manufactured home
subdivision means a parcel or contiguous parcels of land
divided into two ( 2 ) or more manufactured home lots for
rent or sale for which the construction of facilities for
servicing the lot on which the manufactured home is to be
affixed ( including at a minimum the installation of
utilities, either final site grading or the pouring of
concrete pads and the construction of streets) is completed
before the effective date of these regulations.
Expansion to an existing manufactured home park or
manufactured home subdivision means the preparation of
additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to
be affixed ( including at a minimum the installation of
utilities, either final site grading or pouring of concrete
pads or the construction of street) .
Flood or flooding means a general and temporary
condition of partial or complete inundation of normally dry
land areas from:
( 1 ) The overflow of inland or tidal waters, or
( 2 ) The unusual and rapid accumulation of runoff of
surface waters from any source .
Flood insurance rate map (FIRM) and flood hazard
boundary map (FHBM) means the official maps of the city on
which the flood insurance study has delineated the flood
hazard boundaries and the zones establishing the insurance
rates applicable to the city.
Flood insurance study is the official report
provided by the Federal Emergency Management Agency . The
report contains flood profiles, as well as the flood
boundary/floodway map and the water surface elevation of
the base flood .
Floodway or regulatory floodway means 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 .
Floodway fringe is 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
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has a one ( 1 ) percent chance of flood occurrence in any one
( 1 ) year ) . �
Freeboard means a factor of safety usually expressed
in feet above a flood level for purposes 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 .
Habitable floor means any floor useable for living
purposes which includes working, sleeping, eating, cooking
or recreation, or a combination thereof . A floor used only
for storage purposes is not a habitable floor .
Historic structure means any structure that is:
{ a) Listed individually in the National Register of
Historic Places (a listing maintained by the Department of
Interior ) or preliminarily determined by the Secretary of
the Interior as meeting the requirements for individual
listing on the National Register .
(b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical
significance of a registered historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district .
(c) Individually listed on a state inventory of
historic places in states with historic preservation
programs which have been approved by the Secretary of the
Interior .
( d ) Individually listed on a local inventory of
historic places in communities with historic preservation
programs that have been certified either :
( 1 ) By an approved state program as determined by the
Secretary of the Interior or
( 2 ) Directly by the Secretary of the Interior in
states without approved programs .
Highest adjacent grade means the highest natural
elevation of the ground surface prior to construction next
to the proposed walls of a structure .
Manufactured home means a structure, transportable
in one ( 1) or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For
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floodplain management purposes the term "manufactured home"
also includes park trailers, travel trailers, and other �
similar vehicles placed on a site for greater than one
hundred eighty ( 180 ) consecutive days . For insurance
purposes the term "manufactured home" does not include park
trailers, travel trailers, and other similar vehicles.
Manufactured home park or subdivision means a parcel
(or contiguous parcels) of land divided into two ( 2 ) or
more manufactured home lots for rent or sale .
Mean sea level means the average height of the sea
for all stages of the tide .
New construction means, 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 a floodplain management regulation adopted by a
community and includes any subsequent improvements to such
structures .
Start of construction for other than new
construction or substantial improvements under the Coastal
Barrier Resources Act, Public Law 97-348 , includes
"substantial improvements , " and means the date the building
permit was issued, provided the actual start of
construction, repair , reconstruction, rehabilitation,
addition, placement, or other improvement was within one
hundred eighty ( 180 ) days of the permit date . The actual
start means the first placement of permanent construction
of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of
columns, or any work beyond the staqe of excavation or the
placement of a manufactured home on a foundation.
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 part of the main structures . 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.
Structure means a walled and roofed building that is
principally aboveground, as well as a manufactured home ,
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and a gas or liquid storage tank that is principally
aboveground . `
Substantial damage means 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_ ( 50 ) percent of the market value of the
structure before the damage occurred.
Substantial improvement means any reconstruction ,
rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds fifty ( 50 )
percent 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 .
This 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" .
Variance is a grant or relief to a person from the
requirements of this chapter which permits construction in
a manner otherwise prohibited by this chapter where
specific enforcement would result in unnecessary hardship.
ARTICLE 2 . Section 12-44 ( d ) of the Code of Ordinances of the
City of Cape Girardeau , Missouri , is hereby repealed in its
entirety and a new Section 12-44( d ) is hereby enacted in lieu
thereof , in words and figures , to read as follows :
Sec. 12-44 . Variances .
(d ) Variances may be issued for the repair or
rehabilitation of historic structures upon a determination
that the proposed repair or rehabilitation 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 .
ARTICLE 3 . Section 12-67 ( 3 ) of the Code of Ordinances of the
City of Cape Girardeau , Missouri , is hereby repealed in its
entirety and a new Section 12-67 ( 3 ) is hereby enacted in lieu
thereof , in words and figures , to read as follows :
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Sec. 12-67 , Specific standards.
( 3 ) Required for all new construction and
substantial improvements. That fully enclosed
areas below the lowest floor that are usable
solely for parking of vehicles, building access
or storage in an area other than a basement and
which are subject to flooding shall be designed
to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the
entry and exit of floodwaters . Designs for
meeting this requirement must either be certified
by a registered professional engineer or
architect or meet or exceed the following minimum
criteria: A minimum of two ( 2 ) openings having a
total net area of not less than one ( 1 ) square
inch for every square foot of enclosed area
subject to flooding shall be provided. The
bottoms of all openings shall be no higher than
one ( 1 ) foot above grade . Openings may be
equipped with screens , louvers , valves, or other
coverings or devices provided that they permit
the automatic entry and exit of floodwaters .
ARTICLE 4 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof .
ARTICLE 5 . It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri , and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 6 . This ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS I(�� DAY OF , 19�.
L�" _ e :
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Francis E. Rhodes, Mayor
ATTEST:
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Ju e A. Da e
Dep t City Clerk
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