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HomeMy WebLinkAbout1977-19 - Amendments to Section 13.815 of the Zoning Order BILL NO. • .ORDINANCE NO. / 'I- AN ORDINANCE AMENDING SECTION 13.815 OF THE ZONING ORDER OF THE CITY OF RIVERSIDE, MISSOURI RELATIVE TO FLOOD. PLAIN AND DRAINAGE CONTROL, AND REPEALING ALL PROVISIONS OF SECTION 13.815 OF THE PRESENT ZONING ORDER OF THE CITY OF RIVERSIDE, MISSOURI AND AMENDING SECTION 13.1000 RELATIVE TO ADDING CERTAIN DEFINITIONS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. The City does hereby amend the Zoning Order of the City of Riverside, Missouri, by deleting the existing Section 13.815 which requires a special use permit for land use within the flood plain and drainage control area and hereby creates a new Section 13.815 which shall read as hereinafter set forth. SECTION 2. 13.815 - Flood Plain and Drainage Control. A. General Consideration--It is found that certain portions of the city are subject to recurring flooding and that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the flood plain and flood hazard areas and that the most appropriate method for alleviating these conditions is the regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the flood plain and flood hazard areas justifies and requires the regulation of property located therein as provided in this ordinance which is in the exercise of the police power of the municipality for the protection of persons and property of its inhabitants and for the preservation of the public health, safety and general welfare. It is further found that existing federal law and regulations make it impractical not to control development within the flood plain. B. Identification of Area--The provisions of this portion of this ordinance will apply to all areas within the City of Riverside, Missouri lying within the flood plain area defined and identified by the Federal Insurance Administrator as having special flood hazards presently as set forth on the flood boundary and floodway map, City of Riverside, Missouri, dated September 30, 1977 and signed for identif- ication purposes by the Mayor of the City of Riverside, Missouri. The area in red pen is defined as the floodway and the area in green shall be known as the floodway fringe. C, Rules for Interpretation of District Boundaries--The boundaries of the floodway and floodway fringe districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field condition, the Planning Commission shall make the necessary interpretation. The Planning Commission is authorized to consult the flood insurance study done by the United States Department of Housing and Urban Development which is also signed for identification purposes by the Mayor to assist in the interpretation of the correct district boundary. The decision of the Planning Commission may be appealed to the Board of Zoning Adjustment. 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 case to the Board of Zoning Adjustment and to submit his own technical evidence, if he so desires. D. The Enforcement Officer--The Zoning Enforcement Officer of the City is hereby designated as the Council's duly designated Enforcement Officer under this ordinance. E. Special Use Permit Required--In all areas covered by this section (which shall include all property lying within the flood plain area having special flood hazards) no development shall be permitted except upon a Special Use Permit granted by the Planning Commission and approved by the Board of Aldermen under such safeguards and restrictions as the Planning Commission or the Board of Aldermen shall reasonably impose in their discretion for the promotion and maintenance of the general welfare, health and commerce of the inhabitants of the City and in accordance with the restrictions hereinafter set forth in this ordinance. F. Floodway District-- Permitted Uses--Only uses having a low flood-damage potential and not obstructing flood flows shall be per- mitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of the floodway fringe district and shall include the following uses when the same are otherwise permitted by this Zoning Order or by law. (1) Agricultural uses such as general farming, pasture, nurseries, forestry. (2) Residential uses such as lawns, gardens, parking and play areas. (3) Non-residential areas such as loading areas, parking, airport landing strips. (4) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves. Any application for a special use permit for a use within a floodway district shall be accompanied by a statement from the applicant notifying the Planning Commission of any neighbor- ing City that would be adversely effected by any water course alteration within the floodway district. The Planning Commissio: shall send notice by ordinary mail at least ten (10) days prior to the granting of a special use permit to any City reflected upon the application. G. Floodway Fringe District-- Permitted Uses--A special use permit shall be required for any new construction, substantial improvement to structures within the floodway fringe district. (1) New construction, substantial improvement, pre- fabricated buildings, placement of mobile homes if otherwise permitted under this ordinance and other developments shall be designed or anchored to prevent the flotation, collapse or lateral movement due to flooding and will require: a. 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, and (d) proposals for development of five (5) acres or fifty (50) lots whichever is lesser, include within such proposals the regulatory flood elevation. b. New development and substantial improvements shall: (1) use construction materials and utility equipment that are resistant to flood damage, and (2) use construction methods and practices that will minimize flood damage, consistent with economic practicability. c. Utility and Sanitary Facilities--Installation and new utility and sanitary facilities shall be flood- proofed up to the regulatory flood protection elevation so that any space below the regulatory flood protection elevation is water tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. d. New or replacement supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters, and on-site water disposal systems, when otherwise permitted, shall be located so as to avoid impairment of them or contamination during flooding. e. The use of construction materials and utility equipment that are resistant to flood damage; moreover, construction methods and practices will minimize flood damage. f. Storage of Material and Equipment--(1) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. (2) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. g. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement elevated to or above the regulatory elevation of the 100 year flood. h. All new construction or substantial improvements of non-residential structures shall have the lowest floor, including basement, elevated to or above the 100 year flood elevation or, together with attendant utility and sanitary facilities, to be flood-proofed to that level. i. No mobile home parks or mobile home subdivisions shall be permitted within the floodway fringe. H. Required Certification-- (1) Flood Proofing--Applicants shall provide certification by a registered professional engineer / or architect that the flood proofing plans are adequate to be water tight with walls impermeable to the passage of water and withstand the hydrostatic and hydrodynamic forces associated with the 100-year flood. (2) Flood proofing of residential structures will not be allowed unless the community is specifically granted an exception from the provisions of this ordinance by the Administrator of the Federal Insurance Administration. (3) Elevation of Property--The applicant shall provide information identifying the elevation of the property in relation to mean seal level of the lowest flood (including the basement of the proposed structure) to which structures are flood proofed. In addition, the applicant shall provide this information for the second lowest flood when the lowest floor is below grade on one of or more sides. Applicants shall provide certification by written letter of opinion from an attorney that all required Missouri and Federal permits have been obtained. (4) The Zoning Enforcement Officer will maintain the records of certification when issuing development permits in conformance with this section. I. Variance-- (1) Where by reason of .exceptional .narrowness, shallowness, shape of topography, or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this ordinance would result in peculiar and exceptional hardship upon-the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the Board of Zoning Appeals may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided that such a variance may only be granted if: (a) The structure is to be erected on a lot of one half acre or less in size and such lot is contiguous to and surrounded by lots with exist- ing structures constructed below the regulatory flood protection elevation. (b) The structure is listed on the National Register of Historic Places, the State Inventory of Historic Places to be restored or reconstructed. (Z) Variances shall not be issued except 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 (c) a determination that the variance issuance will not result in extraordanaryopublichts additional threats to public safety, expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local or state laws or ordinances. (3) Variances may only be issued upon a determination that the applicant requesting a variance shall meet the minimum necessary standards of this ordinance to afford relief. (4) The City may notify the applicant that the issuance of a variance to locate a structure at an elevation below the 100-year flood level will result in increased actuarial rates for flood insurance coverage. J. Non-Conforming Use-- (1) A structure or the use of a structure or premises which was lawful before the .passage or amendment of the ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: (a) No such use or substantial improvement of that use shall be substantially expanded, changed, enlarged, or altered in a way which increases its non-conformity. (2) If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 per cent of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this ordinance. 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 structure listed on the National Register of Historic Places or a State Inventory of Historic Places. WARNING AND DISCLAIMER OF LIABILITY. This ordinance shall not create liability on the part of the City of Riverside, Missouri, or any officer or employee thereof for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder. K. Application for Permit-- (1) To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall: (a) Identify and describe the work to be covered by the permit for which application is made. (b) Describe the land on which the proposed work is to be done by lot, block tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work. (c) Indicate the use or occupancy for which the proposed work is intended. (d) Be accompanied by plans and specifications for proposed construction. (e) Be signed by the permitee or his authorized agent who may be required to submit evidence to indicate such authority. (f) Within designated flood prone areas, be accompanied by elevations (in relation to mean sea level) of the lowest habitable floor (including basement) or in the case of floodproofed non- residential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Enforcement Officer. (g) Give such other information as reasonably may be required by the Planning Commission. (1) Atypical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be corrupted by the proposed development and higher water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types, and other pertinent information. (3) Profile showing the slope of the bottom of the channel or flow line of the stream. (2) The Planning Commission acting in its legislative capacity shall review all building permit applications to determine if the site of the proposed development is reasonably safe from flooding and that a written letter of opinion has been provided that all required Missouri and Federal permits have been obtained.. SECTION 3. Paragraph 13.1000 (Definitions} of the Zoning Order is hereby amended to add the following definitions: FLOOD - A temporary rise in streams flow or stage that. results in water overlapping its banks and inundating areas adjacent to the channel. An unusual and rapid accumulation of runoff or surface waters from any source. FLOOD ELEVATION DETERMINATIONS - A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a 1 per cent chance of occurrence in any given year. FLOOD PROOFING - Any combination of structural and non- structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. (reference is made to "introduction to flood proofing" by John Sheaffer as guidance for determination of adequate flood proofing). FLOODWAY - The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain. FLOODWAY FRINGE - That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a 1 per cent chance of flood occurrence in any one year). REGULATORY FLOOD PROTECTION ELEVATION - An elevation one foot higher than the water surface elevation of the regulatory flood. STRUCTURE - A walled and roofed structure including a gas or liquid storage tank, that is principally above the ground, including but without limitation to buildings, factories, sheds, cabins, mobile homes, and other similar uses. SUBSTANTIAL IMPROVEMENT - "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 per cent of the market value of the structure. 100-YEAR FLOOD - The base flood having a one per cent chance of annual occurrence. `_ PASSED THIS 18th DAY OF October . 1977• MAYOR ATTEST: C TC T--~ERK APPROVED THIS 18th DAY OF October , 1977. ~~ V .~- y,. ~; MAYOR