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HomeMy WebLinkAbout1993-48 - Establishment of a Disaster Recovery Plann 1317S; 08/02/93 BILL NO. /~_~~ ORDINANCE N0. ~1~-}~8 AN ORDINANCE ESTABLISHING A DISASTER RECOVERY PLAN FGR THE REBUILDING OF DAMAGED PRGPERTIES DUE TO THE 1993 FLOOD, WAIVING PERMIT APPLICATION FEES FGR FLOOD VICTIMS AND MAKING GTHER EMERGENCY PROVISIONS WITH REGARD TO THE REBUILDING OF PRGPERTIES DAMAGED DURING THE 1993 FLOOD. WHEREAS, the existing zoning code of the City and federal flood regulations require that if a nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50~) of its market value; and WHEREAS, all buildings which were built before October 18, 1977 (therefore without a special use permit) are now required to get a special use permit for the floodplain area if there is the alteration of any wall, ceiling, floor or other structural part of the building whether or not that alteration effects the external dimensions of the structure if the damages exceed fifty percent (50~) of the market value of the building before the flood; and WHEREAS, structures that were built after the enactment of the floodplain ordinance are required to get a new special use permit for the floodplain area if the cost of repair, restructure, or improvement exceeds fifty percent (50$) of the market value of the structure for the alteration of any wall, ceiling, floor or other structural part of the building whether or not that alteration effects the external dimensions of the structure; and WHEREAS, structures that were built with a special use permit after the enactment of the floodplain ordinance and are rebuilding exactly as in the original plan approved by the City for the special use permit will not need to obtain a new special use permit upon the application certifying that the structure will be rebuilt exactly as in the original plans as approved by the City; and WHEREAS, structures that are not damaged in excess of fifty percent (50~) of the market value of the property prior to the flood damage may rebuild upon their application certifying the market value of the property prior to the damage, specifying the repair cost and providing the City with their contractor's estimate of repair. 2 BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERST_DE, MISSOURI, AS FOLLOWS: Section 1. Fees Waived. The Special Use Permit fees for repair of damages caused by the 1993 flood will be waived by the City. Section 2. Assistance in CompletincZ Applications. It is the intention of the City to provide all practical available assistance in completing applications and to encourage the rapid processing of applications to the extent practical. Section 3. Engineer Availability. The Niayor is authorized to make the City's' Consulting Engineer available at the City Hall to provide technical assistance to the City in the processing of all such applications. Section 4. Planning Commission Meetings As Needed. The Planning Commission is directed to meet for the processing of applications on an as need basis for the approval of plans and acting upon Special Permit applications. Section 5. Board of Aldermen's Waiver. The Board of Aldermen does by this ordinance waive its approval of Special Use Permits in the floodplain for damage caused by the 1993 flood. Section 6. Emergency Zoning Enforcement Officer. There is created by this ordinance a new appointive' officer of the City who shall be known as the Emergency Zoning Officer who shall have jurisdiction to deal with applications for waiver of the Special Use Permit because the damaged building is being built in exact conformity with the original specifications approved by the City, and applications to waive a Special Use Permit for rebuilding of flood hazard area structure due to the fact that the damaged structure is not damaged for more than fifty percent (50$) of its market value prior to the 1993 flood damage and applications for Special Use Permit in the flood hazard area for those structures damaged by the 1993 flood by more than fifty percent (50$) of the market value prior to the 1993 flood. Section 7. Emergency Subcommittee. There is also created an Emergency Subcommittee of the Planning Commission to advise the Emergency Zoning Enforcement Officer and to approve waivers and permits in the absence of the Emergency Zoning Enforcement Officer. The City's Zoning Enforcement Officer shall continue to have jurisdiction for zoning applications that do not occur in the flood hazard area. 3 Section 8. Waiver of Special Use Permits For Buildings Rebuilt In Exact Como mity. T e Emergency Zoning En orb- cement Officer or in his absence the Planning Commission Emergency Subcommittee shall have authority to waive the necessity of a Special Use Permit for rebuilding in situations where the owner or his agent has submitted the attached application (see Attachment "A") certifying that the rebuilding is in exact conformity with the original Special Use Permit. Section 9. Waiver of Special Use Permits for Building Damaged Less than Fifty Percent ~5'0~~. The 'Emergency Zoning Enforcement Officer shall have authority to waive a Special Use Permit for rebuilding in the flood hazard area when the owner or his agent has submitted the attached application (See Attachment "B") certifying that the damage to the property is less than fifty percent (50$) of the market value and providing appropriate evidence of the market value prior to the 1993 flood as well as providing the contractor's estimate of repair. Section 10. Processing of Special Use Permits For Buildings Damaged by the 1993 Flood. T'he Emergency Zoning Enforcement Officer shall also have authority to process for the Planning Commission's approval applications for a Special Use Permit in the flood hazard area for buildings damaged by the 1993 flood but which are not to be rebuilt in exact conformity with the original plans and specifications. Section 11. inspection. It is the City's intention to establish roving inspectors to certify that all rebuildings are taking place in a manner consistent with all the City's codes, laws and ordinances. It is the responsibility of the owner to employ contractors familiar with all City codes and the responsibility of both the owner and contractor to remodel or rebuild all buildings consistent with all of the City's codes, laws and ordinances. PASSED THIS ~/trX/ DAY OF 1993. MAYO --- ATTEST: CITY CLERK APPRGVF.D THIS ~/f,O~ DAY OF _ _ ~~ _, 1993. _~e ~c ~i...L ~e-G~ --- MAYOR ,