HomeMy WebLinkAboutOrd.436.03-16-1987 BILL N0. 87-30 ORDINANCE N0. �
AN ORDINANCE REPEALING CHAPTER 11-A OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU , MISSOURI, KNOWN AS THE "FLOOD
PLAIN MAr1AGEMENT REGULATIONS " , AND ENACTING
A NEW SECTION 11-A IN LIEU THEREOF TO BE
KNOWN AS THE "FLOOD PLAIN MANAGEMENT
REGULATIONS"
WHEREAS, City t�anager Form Ordinance No . 1607 , passed and
approved October 15 , 1980 which established Chapter 11-A of the
Code of Ordinances of the City of Cape Girardeau , Missouri , known
as the "Flood Plain Management Regulations" ; and
WHEREAS, said ordinance was amended in part by City Manager
Form Ordinance No . 1681 , passed and approved August 5 , 1981 ; and
WHEREAS, said ordinances now are in need of amendment in order
to comply with the National Flood Insurance Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS :
SECTION 1 . Chapter 11-A of the Code of Ordinances of the City
of Cape Girardeau, Missouri , is hereby repealed in its entirety.
SECTION 2. A new Chapter 11-A of the Code of Ordinances of
the City of Cape Girardeau, Missouri , is hereby created and
enacted , to read as follows :
Sec . 11A-1 . TITLE.
This Chapter shall be known and may be cited as the "Flood
Plain Management Regulations" ( Hereinafter referred to as
"Regulations ) of the City of Cape Girardeau , Missouri .
Sec . 11A- 2. PURPOSE.
It is the purpose of tl�is ordinance to promote the public
health, safety and general welfare and to minimize public and
private losses due to flood conditions in specific areas of the
City by provisions designed :
1 . To protect human life and health;
2. To minimize exFenditure of public money for costly flood
control project ;
3 . To minimize the need for rescue and relief efforts
, associated with flooding and generally undertaken at the
expense of the general public ;
4 . To minimize prolonged business interruptions ;
5 . To minimize damage to public facilities and utilities
such as water and gas mains , electric, telephone and
sewer lines, streets and bridges located in flood plains ;
6 . To help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such a
manner as to minimize future flood blight areas;
7 . To insure that potential home buyers are notified that
property is in a flood area; and
8 . To insure that those who occupy the areas of special
flood hazard assume responsibility for their actions .
Sec . 11A-3 . FLOOD LOSSES .
The flood hazard areas of Cape Girardeau, Missouri , are
subject to periodic inundation which results 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.
These flood losses are caused by the cumulative effect of
obstructions in flood plains causing increases in flood heights
and flood velocities , and by the occupancy in flood hazard areas
by uses vulnerable to floods or hazardous to other lands which are
inadequately elevated, floodproofed, or otherwise unprotected from
flood damage .
In order to accomplish its purposes , this ordinance includes
methods and provisions for :
1 . Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion or to
flood heights or velocities .
2. Requiring that uses vulnerable to floods , including
facilities which serve such uses , be protected against
flood damage at the time of initial construction.
3 . Controlling the alteration of natural flood plains ,
stream channels , and natural protective barriers, which
are involved in the accommodation of flood waters .
4. Controlling filling, grading, dredging, and other
development which may increase erosion or flood damage .
5. Preventing or regulating the construction of flood
barriers which will unnaturally divert floodway waters or
which may increase flood hazards in other areas .
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Sec . 11A-4. DEFINITIONS. �
Unless specifically defined below, 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 " mean 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 " is the land in the flood plain
within the City which is subject to one per cent or greater chance
of flooding in any given year .
"Base flood" means the flood having a one per cent chance of
being equaled or exceeded in any given year .
"Development " means any man-made change to improved or
unimproved real estate , including, but not limited to buildings or
other structures , mining, dredging, filling, grading, paving,
excavation or drilling operations .
"Existing construction" means ( 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 1 , 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 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 home 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 ) .
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"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) mean 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
foot .
"Floodway Fringe" is that area of the flood plan, outside of
the floodway, that on the average is likely to be flooded once
every 100 years ( i .e . , that has a one per cent chance of flood
occurrence in any one year ) .
"Freeboard" means a factor of safety usually expressed in feet
above a flood level for purposes of flood plain 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 purpose
which includes working, sleeping, eating, cooking or recreation,
or a combination thereof . A floor used only for storage purposes
is not a- habitable floor .
"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 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 flood plain management
purposes the term "manufactured home" also includes park trailers ,
travel trailers , and other similar vehicles placed on a site for
greater than 180 consecutive days . For insurance purposes the
term "manufactured home" does not include park trailers , travel
trailers , and other similar vehicles .
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"Manufactured home park or subdivision" means a parcel �(or
contiguous parcels ) of land divided into two 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 structures for which the "start of
construction " or substantial improvement is commenced on or after
the effective date of the FIRM .
"Start of construction" [ for other than new construction or
substantial improvements under the Coastal Barrier Resources Act
-- Public Law 97-348 ) , includes "substantial improvement" , and
means the date the building permit was issued, provided the actual
start of construction , repair , reconstruction , placement, or other
improvement was within 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 stage 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 t.he installation on the property of accessory buildings ,
such as garages or sheds not occupied as dwelling units or not
part of the main structure .
"Structure" means a walled and roofed building that is
principally above ground, as well as a manufactured home , and a
gas or liquid storage tank that is principally above ground .
"Substantial improvement " means any repair , reconstruction, or
improvement of a structure , the cost of which equals or exceeds
fifty per cent of the market value of the structure either, ( 1 )
before the improvement or repair is started, or ( 2) if the
structure has been damaged and is being restored, before the
damage occurred . For the purpose of this definition "substantial
improvement " is considered to occur when the first alteration of
any wall , ceiling, floor , or other structural part of the building
commences , whether or not that alteration affects the external
dimensions of the structure. The term does not, however , include
either ( 1 ) any project for improvement of a structure to comply
with existing, state or local health , sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions , or ( 2) any alteration of a structure listed on the
Nation�l Register c�f Historic Places or a State Inventory of
Historic Places .
"Variance" is a grant of relief to a person from the
requirements of this ordinances which permits construction in a
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manner otherwise prohibited by this ordinance where specific
enforcement would result in unnecessary hardship .
[ Sections 11A-5 through 11A-10, inclusive , are reserved . ]
Sec . 11A-11 . APPLICABILITY.
This Chapter shall apply to all areas of special flood hazards
wi.thin the jurisdiction of Cape Girardeau , Missouri .
Sec . 11A-12 . FEDERAL FLOOD STUDY ADOPTED .
The areas of special flood hazard identified by the Federal
Emergency Management Agency through a scientific and engineering
report entitled "The Flood Insurance Study for the City of Cape
Girardeau , Missouri" , dated May, 1980 , with accompanying Flood
Insurance Rate Maps and Flood Boundary and Flood-way t�aps with any
revisions thereto, are hereby adopted by reference and declared to
be a part or this Ordinance . The Flood Insurance Study is on file
at Cape Girardeau City Hall , Cape Girardeau , Missouri .
Sec. 11A-13. DEVELOPMENT PERMIT.
A development permit shall be secured by the person owning
land within a special flood hazard area or his designated agent
prior to the erection , construction , addition or alteration of any
building, structure , obstruction , or portion thereof located
within the special flood hazards areas , and prior to grading or
filling within a special flood hazard area .
Sec. 11A-14 . PENALTIES FOR NONCOP�PLIANCE.
No structure or land shall hereafter be erected, constructed ,
located, extended, converted or structurally altered without full
compliance with the terms of this Ordinance and other applicable
regulations .
Violation of the provisions of this Ordinance or failure to
comply with any of its requirements including violations of
conditions and safeguards established in connection with grants of
variances or special exceptions shall constitute a misdemeanor .
Any person who violates this Ordinance or fails to comply with any
oF its requirements shall , upon conviction thereof, be fined not
more than five hundred dollars (�500. 00) or imprisoned for not
more than ninety ( 90) days , or both, and in addition shall pay all
costs and expenses involved in the case . Each day such violation
continues shall be considered a separate offense .
Nothing herein contained shall prevent the City of Cape
Girardeau or other appropriate authority from taking such other
lawful action as is necessary to prevent or rernedy any violation.
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Sec. 11A-15 . EFFECT ON PROPERTY RIGHTS AND RESTRICTIONS, �
OTHER ORDINANCES .
These Regulations are not intended to repeal , abrogate , or
impair any existing easements , covenants , or deed restrictions .
However , where these Regulations and other ordinances conflict or
overlap, whichever imposes the more stringent restrictions shall
prevai.l .
Sec . 11A-16 . INTERPRETATION.
In the interpretation and application of these Regulations ,
all provisions shall be :
l . Considered as minimum requirements ; and
2. Liberally construed in favor of the governing body ; and
3. Deemed neither to limit nor repeal any other powers
granted to the City by the la�as of the State of Missouri
or by the laws of the United States of America .
Sec. 11A-17 . DISCLAIMER OF WARRANTY AND LIABILITY.
The degree of flood protection required by this Chapter is
considered reasonable for regulatory purposes , and is based on
scientific and engineering consideration . Larger floods can and
will occur on rare occasions . Flood heights may be increased by
man-made or natural causes . This Chapter does not imply that land
ou�tside the areas of special flood hazards or uses permitted
within s�ich areas will be free from flooding or flood damages .
This Cha��ter shall not create liability on the part of the City of
Cape Girardeau or on the part of any officer or employee thereof
for any flood damages that result from reliance on this chapter or
any administrative decision made hereunder .
[ Sections 11A-18 through 11A-30 , inclusive , reserved . ]
Sec . 11A-31 . DESIGNATION OF ADMINISTRATOR.
The City Manager or his designee is hereby appointed
"Administrator" in charge of administering and implementing the
provisions of these Regulations by granting or denying development
permit applications in accordance with its provisions .
Sec . 11A-32. DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR.
The duties of the City Manager or his designee as the
Administyator , shall inc_lude , but not be limited to :
1 . Reviewing all development permits to assure that sites
are reasonably safe from flooding, and that the permit
, requirements of this Chapter have been satisfied .
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2. Reviewing permits for proposed development to assure that
all necessary permits have been obtained from those
Federal , State or local governmental agencies from which
prior approval is required .
3 . Notifying adjacent communities and the Department of
Natural Resources prior to any alteration or relocation
of a water course , and shall submit evidence of such
notification to the Federal Emergency Management Agency .
4. Assuring that maintenance is provided within the altered
or relocated portion of said water course so that the
flood carrying capacity is not diminished .
5. Verify, record and maintain records of the actual
elevation with respect to mean sea level of the lowest
floor , including the basement of all new or substantially
improved structures .
6 . Verify, record and maintain records of the actual
elevation with respect to mean sea level to which the new
or substantially improved structures have been
flood-proofed .
7 . When flood-proofing is utilized for a particular
structure, the Administrator shall obtain certification
from a registered professional engineer or architect.
8. 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 conditions )
the Administrator 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 .
9 . when base flood elevation data has not been provided in
accordance with the Flood Insurance Study, then the
Administrator shall obtain , review, and reasonably
utilize any base flood evaluation data available from a
Federal , State or other source , in order to administer
the provisions of this Chapter .
10 . All records pertaining to the provisions of this Chapter
shall be maintained in the office of the City Clerk , and
shall be open for public inspection .
Sec . 11A-33. PERMIT PROCEDURES .
A development permit shall be obtained before construction or
development begins within any area of special flood hazard
established by these Regulations . No person , firm or corporation
or unit of government shall initiate any development or
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substantial improvement or cause the same to be done without first
obtaining a separate permit for each development as defined
herein . Application for a development permit shall be made on
forms furnished by the Administrator and shall include , but not be
limited to , the� following:
1 . Plans in duplicate dr_awn 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.
2. The elevation in relation to mean sea level of the lowest
floor including the basement of all structures .
3 . The elevation in relation to mean sea level to which any
non-residential structure is to be flood-proofed .
4 , a certificate from a registered professional engineer or
architect that the non-residential flood-proofed
structure meets the flood-proofing criteria in these
Regulations .
5 . A description of the extent to which any watercourse will
be altered or relocated as a result of the proposed
development .
Sec . 11A-34. VARIANCES .
The Board of Appeals as established by the City Council shall
hear and decide appeals and requests for variances from the
requirements of these Regulations .
The Board of Appeals shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision or
determination made by the Administrator in the enforcement or
administration of these Regulations .
Any person aggrieved by the decision of the Board of Appeals
or any tax payer may appeal such decision to the Cape Girardeau
County Circuit Court as provided in the Statutes of the State of
Missouri . ,
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 t.he procedures set forth in the remainder of this
section .
In passi;�g upon such applications , the Board of Appeals shall
consider all technical evaluations , all relevant facts , and
standards specified in other sections of this Chapter ; and
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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 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 comprenensive
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;
11 . The cost 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 the streets and
bridges .
12. Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot
one-half (1/2) acre or less in size contiguous to and
surrounded by lots with existing structures constructed
below the base flood level , providing the above listed
items have all been fully considered . As the lot size
increases beyond the one-half ( 1/2) acre, the technical
justification required for issuing the variance shall
increase .
Upon consideration of the factors listed above and the
purposes of this ordinance , the Board of Appeals may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of these Regulations .
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Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge
would result .
Sec . 11A-35. CONDITIONS FOR VARIANCES .
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard ,
to afford relief .
Variances shall only be issued upon :
1 . A showing of good and sufficient cause;
2 . A determination that failure to grant the variance would
result in exceptional hardship to the applicant ; and
3. A determination that the granting of a variance will not
result in increased flood heights , additional threats to
public safety, extraordinary public expense , the creation
of a nuisance , fraud upon or victimization of the public ,
or conflict with existing statutes or ordinances .
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 floor elevation .
The �,dministrator shall maintain the records of all appeal
actions and report any variances to the Federal Emergency
Management Agency upon request .
[ Sections 11A-36 through 11A-50, inclusive are reserved . ]
Sec . 11A-51 . PROVISIONS FOR FLOOD HAZARD REDUCTION --
GENERAL STANDARDS .
In all areas of special flood hazards (zones A, AE, A1-30 , A0,
AH) , the following provisions are required:
l . All new construction including manufactured homes and
substantial improvements shall be designed or modified
and adequately anchored to prevent flotation, collapse or
lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads , including the effects
of buoyancy .
2. All new constrtzction and substantial improvements shall
be constructed with materials and utility equipment
resistant to flood damage .
3. All new construction and substantial improvements shall
, be constructed by methods and practices that minimize
flood damage .
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4. All new construction and substantial improvements shall
be constructed with electrical , heating, ventilation,
plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as
to prevent water from entering or accumulating within the
components during conditions of flooding.
5. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system .
6 . New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems
into flood waters .
7 . Onsite waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
8 . The storage or processing of materials that are in time
of flooding buoyant, flammable , explosive , or potentially
injurious to human, animal or plant life is prohibited .
9 . Storage of other material or equipment may be allowed if
not subject to major damage by floods and if firmly
anchored to prevent flotation or if readily removable
from the area within the time available after flood
warning.
10 . That until a floodway has been designated, no
development , including landfill , may be permitted with
Zones A1-30 and AE on the City ' s 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 100-year flood more than one
foot on the average cross section of the reach in which
the development or landfill is located as shown on the
Flood Insurance Rate Study incorporated by reference .
Sec . 11A-52. PROVISIONS FOR FLOOD HAZARD REDUCTION --
SPECIFIC STANDARDS.
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in the Flood
Insurance Study or in the absence of such Study, as determined by
the Administrator as herein provided , the following provisions are
required:
1 . Residential construction -- new construction or
substantial improvement of any residential structure
shall have the lowest floor , including the basement,
elevated to or above base flood elevation .
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2. Non-residential construction -- new construction ,or
substantial improvement of any commercial , industrial or
other non-residential structure shall either have the
lowest floor , including basement , elevated to the level
of the base flood elevation or , together with attendant
utility and sanitary facilities , be flood-proofed so that
below the base flood 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. A registered professional
engineer or architect shall certify to the Administrator
that the standards of this sub-section are satisfied .
3 . Required for all new construction and substantial
improvements -- that fully enclosed areas below the
lowest floor that 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 openings
having a total net area of not less than one square inch
for every square foot of enclosed area subject to
flooding shall be provided . The bottom of all openings
shall be no higher than one foot above grade , Openings
may be equipped with screens , louvers , valves , or other
coverings or devices provided that they permit the
automatic entry and exist of floodwaters .
4. Manufactured homes -- All manufactured homes shall be
anchored to resist flotation, collapse , or lateral
movement , Manufactured homes must be anchored in
accordance with state and local building codes and FEMA
guidelines . In the event that over-the-top frame ties to
ground anchors are used, the following specific
requirements (or their equivalent ) shall be met :
A. Over-the-top ties shall be provided at each of the
four corners of the manufactured hm, with two
additional ties per side at intermediate locations
and manufactured homes less than fifty feet long
requiring one additional tie per side .
B. Frarle �ies shall be provided at each corner of the
home with five additional ties per side at
intarme�3iate points and manufactured homes less than
fifty f�et long requiring four additional ties per
sic:e .
C. All components of the anchoring system shall be
, capable of carrying a force of 4 , 800 pounds .
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D. Any additions to the manufactured home shall be
similarly anchored .
5 . Require that all manufactured homes to be placed within
Zones A1-30 , AH, and AE on the community ' s FZRM, be
elevated on a permanent foundation such that the lowest
floor of the manufactured home is at or above the base
flood elevations ; and be securely anchored to an
adequately anchored found system in accordance with the
provisions of this Chapter .
6 . Floodways -- located within areas of special flood hazard
as established in this Chapter are areas desiqnated as
floodways . Since the floodway is an extremely hazardous
area due to the velocity of flood waters which carry
debris , potential projectiles and erosion potential , the
following provisions shall apply:
A. Prohibit all encroachment , including fill , new
construction , substantial improvements and other
developments unless certification by a registered
professional engineer or architect is provided
demonstrating that encroachments shall not result in
any increase in flood levels during the occurrence
of the base flood discharge .
B. If the provisions of subparagraph A above are
satisfied, all new construction and substantial
improvement shall comply with all applicable flood
hazards reduction provisions of this Chapter .
C. The placement of any manufactured home except in an
existing manufactured home park or existing
manufactured home subdivision shall be prohibited .
D. In Zone A unnumbered , obtain review and reasonably
utilize any floodway data available through Federal ,
State or other sources or other regulations of this
Chapter in meeting the standards of this section .
7 . Zones A1 through A-30 without floodways -- Until a
regulatory floodway is designated, no new construction ,
substantial improvements or other development ( including
fill ) shall be permitted in areas zoned A1 through A-30
on the City ' s Flood Insurance Rate Map unless it is
demonstrated that the cumulative effect of the proposed
development when combined with all other existing and
anticipated development will not increase the water
surface elevation of the base flood more than one foot at
any point within the community .
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Sec . 11A-53. STANDARDS FOR SUBDIVISION PROPOSALS . �
All subdivision proposals and other proposed new developments
including manufactured home parks or subdivisions shall be
consistent with the need to minimize flood damage .
All subdivision proposals shall have public utilities and
facilities such sewer , gas , electrical and water systems located
and constructed to minimize flood damage .
Al1 subdivision proposals shall have adequate drainage
provided to reduce exposure to flood hazards .
Base flood elevation data shall be provided for subdivision
proposals and other proposed development ( including proposals for
manufactured home parks and subdivisions ) which is greater than
the lesser of fifty ( 50) lots or five ( 5) acres .
[ Sections 11A-54 through 11A-70 , inclusive are reserved . ]
Sec. 11A-71 . NONCONFORMIP�G USES
1 . A structure or the use of a structure or premises which
was lawful before the passage or amendment of these
Regulations but which is not in conformity with the
provisions of these Regulations may be continued subject
to the following conditions :
A. No such use or substantial improvement of that use
shall bE� expanded, changed, enlarged or altered in a
way which increases its nonconformity.
B. If such use is discontinued for twenty-four ( 24)
consecutive months, any future use of the building
or premises shall conform to those Regulations .
C. Uses or adjuncts thereof which are or become
nuisances shall not be entitled to continue as
nonforming uses .
2. If any nonconforming use or structure is destroyed by any
means , including flood, it shall not be reconstructed if
the cost is :nore than fifty per cent ( 50� ) of the market
value of the structure before the damage occurred, except
that if it is reconstructed in conformity with the
provisions of these Regulations , this limitation does not
include the cost of any alteration to comply with
existing State or local health, sanitary, building or
safety codes or regulations or the cost of any alteration
of a struc.:ure listed on the National Register of
Historic Places of a state inventory of historic places .
[Sections 11A-72 t�.hrough 11A-90 , inclusive are reserved . J
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Sec . 11A-91 . AMENDMENTS.
The regulations , restrictions , and boundaries set forth in .
this Ordinance may from time to time be amended, supplemented,
changed or repealed to reflect any and all changes in the National
Flood Disaster Protection Act of 1973, provided however , that no
such action may be taken until after a public hearing in relation
thereto , at which parties in interest and citizens shall have an
opportunity to be heard. Notice of the time and place of such
hearing shall be published in a newspaper of general circulation
in the City of Cape Girardeau , Missouri .
At least twenty ( 20) days shall elapse between the date of
this publication and the public hearing. A copy of such
amendments will be provided to the Federal Emergency Management
Agency. The regulations of this Ordinance are in compliance with
the National Flood Insurance Program Regulations as published in
Title 44 of the Code of Federal Regulations .
SECTION 3. 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 .
SECTION 4. 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
renu�bered to accomplish such intention .
SECTION 5 . This ordinance shall be in full force and effect
ten days after its passage and approval ,
PASSED AND APPROVED THIS _���� DAY OF , 1987 .
_�� _ �' ; � ,
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Francis E. Rhodes , Mayor
ATTEST :
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f/ f�' ° �
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Alvin M. Stoverink , City Clerk
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