§ 408.010. Floodplain Management — FW-O And FF-O Districts., Chapter 408. Supplemental Standards, Unified Development Code, Code of Ordinances, Blue Springs

Statutory Authorization. The Legislature of the State of Missouri has in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the City Council of the City of Blue Springs, Missouri exercises such responsibility as follows:

Findings Of Fact.

Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of the City of Blue Springs, Missouri, are subject to 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.

General Causes Of The Flood Losses. These flood losses are caused by:

(1)

The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and

(2)

The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

Methods Used To Analyze Hazards. The Flood Insurance Study (FIS) that is the basis of this Section uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

(1)

Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Section is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Section. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for Jackson County dated January 20, 2017, as amended, and any future revisions thereto.

(2)

Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

(3)

Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

Intent. The intent of the Floodplain Management Overlay District regulations of this Section are to:

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities.

Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

To promote the public health, safety, and general welfare; to minimize those losses described in Section 408.010(A)(1)(b); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Section.

Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations.

Abrogation And Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other City Code provisions inconsistent with this Section shall be construed so as to be consistent with this Section, and this Section shall control to the extent of the inconsistency only.

Interpretations. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes to the City or other entities.

Warning And Disclaimer Of Liability. The degree of flood protection required by this Section and its adopting ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Section shall not create a liability on the part of the City of Blue Springs, any officer or employee thereof, for any flood damages that may result from reliance on this Section or any administrative decision lawfully made thereunder.

Severability. If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Section shall not be affected thereby.

Special Definitions. The following definitions shall apply only when interpreting and administering the regulations of this Section. In case of conflict with the definitions of Chapter 411, these special definitions shall control as to this Section. In all other cases, the definitions of Chapter 411 shall apply.

100-YEAR FLOOD: See "base flood."

ACCESSORY STRUCTURE: The same as "appurtenant structure."

ACTUARIAL RATES: See "risk premium rates."

ADMINISTRATOR: The Federal Insurance Administrator.

AGENCY: The Federal Emergency Management Agency (FEMA).

AGRICULTURAL COMMODITIES: Agricultural products and livestock.

AGRICULTURAL STRUCTURE: Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.

APPEAL: A request for review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance.

APPURTENANT STRUCTURE: A structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SPECIAL FLOOD HAZARD: Is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT: Any area of the structure having its floor subgrade (below ground level) on all sides.

BUILDING: See "structure."

CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL: The official of the community who is charged with the authority to implement and administer laws, Sections, and regulations for that community.

COMMUNITY: Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY: A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which 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, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards.

FLOOD FRINGE: The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning Sections, subdivision regulations, building codes, health regulations, special purpose Sections (such as floodplain and grading Sections) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see "flooding").

FLOODPROOFING: Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps.

FLOODWAY or REGULATORY FLOODWAY: 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.

FREEBOARD: 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 bridge openings and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Section.

MANUFACTURED HOME: A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARKET VALUE or FAIR MARKET VALUE: An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

NEW CONSTRUCTION: 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 the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP: The National Flood Insurance Program.

PARTICIPATING COMMUNITY or ELIGIBLE COMMUNITY: A community in which the Administrator has authorized the sale of flood insurance.

PERSON: Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

PRINCIPALLY ABOVE GROUND: That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE: A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REMEDY A VIOLATION: To bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.

REPETITIVE LOSS: Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

RISK PREMIUM RATES: 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 National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

SPECIAL FLOOD HAZARD AREA: See "area of special flood hazard."

SPECIAL HAZARD AREA: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE. "Start of Construction" 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 improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, 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, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. 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.

STATE COORDINATING AGENCY: That agency of the State government, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.

STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE: 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 percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see "repetitive loss").

SUBSTANTIAL IMPROVEMENT

Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs 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 building. This term includes structures, which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work done.

The term "substantial improvement" does not apply to:

(1)

Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely 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"; or

(3)

Any building that has been damaged from any source or is categorized as repetitive loss.

SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS: Is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

VARIANCE: A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the Board of Adjustment or any other review board, agency or official.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

Administration And Application For Floodplain Development Permit.

The Community Development Director or their designee shall administer and implement the floodplain management regulations of this Section. The duties of the Community Development Director or their designee shall include but not be limited to:

Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Section have been satisfied;

Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;

Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

Issue floodplain development permits for all approved applications;

Notify adjacent communities and the Missouri State Emergency Management Agency (MO SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;

Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;

Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;

When floodproofing techniques are utilized for a particular non-residential structure, the Community Development Director and/or their designee shall require certification from a registered professional engineer or architect; and

A floodplain development permit shall be required for all proposed construction or other development, including placement of manufactured homes, in the areas described in Section 408.010(D). To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;

Identify and describe the work to be covered by the floodplain development permit;

Indicate the use or occupancy for which the proposed work is intended;

Indicate the assessed value of the structure and the fair market value of the improvement;

Specify whether development is located in designated flood fringe or floodway;

Identify the existing base flood elevation and the elevation of the proposed development;

Give such other information as reasonably may be required by the Community Development Director and/or their designee;

Be accompanied by plans and specifications for proposed construction; and

Be signed by the permittee or their authorized agent who may be required to submit evidence to indicate such authority.

Districts Established.

The mapped floodplain areas within the City are hereby redivided into two (2) Overlay Zoning Districts: (1) the FW-O, Floodway Overlay District, and (2) the FF-O, Floodway Fringe Overlay District. Within these Overlay Districts all uses shall be required to comply with the standards of this Section and the standards of the underlying zoning district. This Section and the districts to be established hereafter shall apply to all lands within the jurisdiction of the City of Blue Springs identified as numbered or unnumbered A Zones and AE, AO and AH Zones on the Flood Insurance Rate Maps (FIRM) for Jackson County Panels 29095C0309G, 29095C0312G, 29095C0314G, 29095C0316G, 29095C0317G, 29095C0318G, 29095C0319G, 29095C0336G, 29095C0338G, 29095C0434G, 29095C0435G, 29095C0451G, and 29095C0453G dated January 20, 2017, as amended, and any future revisions.

Selection of the regulatory flood is based upon engineering calculations that permit consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood that is reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter is in general order of a flood that could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's Flood Insurance Study and illustrative materials for Jackson County, Missouri, dated January 20, 2017, as amended, and any future revisions thereto.

General Standards. The following standards shall apply within the FW-O and FF-O Districts:

Permits And Compliance. No permit for construction shall be granted for new construction, substantial improvements and other improvements including the placement of mobile homes and manufactured housing units within all numbered and unnumbered A Zones (including AE Zone) unless the conditions of this Section are satisfied.

A-Zone. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all construction provisions of this regulation. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

General Requirements. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of mobile homes and manufactured housing units and other developments shall require:

Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

New or replacement water supply systems or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination.

Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damages, and with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation.

That until a floodway has been designated, no construction, including landfill, may be permitted within 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 (1) foot on the average cross-section of the reach in which the construction or landfill is located as shown on the Flood Insurance Rate Study.

Storage Of Material And Equipment.

(1)

The storage or processing of materials that are, at the time of flooding, buoyant, flammable, explosive or otherwise potentially 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.

Subdivision proposals and other proposed new construction, including mobile home parks or subdivisions, be required to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage.

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided so as to reduce exposure to flood hazards.

(4)

Proposals for construction (including proposals for mobile home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation.

FW-O District Standards. The following standards shall apply within the FW-O District:

Any development within the regulatory floodway as defined on the FIRM panels noted in Section 408.010(D) shall be designed to allow the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point; and

There shall be no encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic or hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels within the community during the occurrence of the base flood discharge.

Permitted Uses. Only uses having a low flood-damage potential and not obstructing flood flows shall be permitted within the FW-O District to the extent that they are not prohibited by any other City Code or other law. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional licensed engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to all of the standards of this Section. The following are recommended uses for the FW-O District:

Agriculture, limited;

Agriculture, general;

Airports or airstrips;

Parks and recreation;

Golf courses;

Residential accessory uses such as lawns, gardens, parking and play areas; and

Non-residential accessory uses such as parking and loading areas.

FF-O District Standards. The following standards shall apply within the FF-O District:

Permitted Uses. Any use permitted in the FW-O District shall be permitted in the FF-O District.

Supplemental Standards. The following supplemental standards shall apply within the FF-O District:

New construction or substantial improvements of residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation.

New construction or substantial improvements of non-residential structures shall be required to have the lowest floor, including basements, elevated to or above three (3) feet above the base flood elevation or, together with attendant utility and sanitary facilities, to be floodproofed so that below such a level the structure is watertight 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 licensed professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Community Development Director.

In new construction and substantial improvements, 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 licensed 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 bottom of all openings shall be no higher than three (3) feet 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.

All mobile homes and manufactured housing units shall be anchored to resist flotation, collapse, or lateral movement. Mobile homes and manufactured housing units must be anchored in accordance with the local Building Codes or 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:

(1)

Over-the-top ties be provided at each of the four (4) corners of the mobile home or manufactured housing units, with two (2) additional ties per side at intermediate locations and mobile homes and manufactured housing units less than fifty (50) feet long requiring only one (1) additional tie per side;

(2)

Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes and manufactured housing units less than fifty (50) feet long requiring four (4) additional ties per side;

(3)

All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and

(4)

Any additions to the manufactured home be similarly anchored.

All mobile homes and manufactured housing units shall be placed within Zones A1-30, AH, and AE on the community's FIRM, be elevated on a permanent foundation such that the lowest floor of the mobile home or manufactured housing unit is at or above three (3) feet above base flood elevation; and be securely anchored to an adequately anchored foundation system.

Recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use*; or meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Section.

*	A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Provisions For Flood Hazard Reduction – General Standards.

No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.

All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Section. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.

Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, 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 (1) foot at any point within the community.

All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

Construction with materials resistant to flood damage;

Utilization of methods and practices that minimize flood damages;

All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

(1)

All such proposals are consistent with the need to minimize flood damage;

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;

(3)

Adequate drainage is provided so as to reduce exposure to flood hazards; and

(4)

All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

Storage, Material, And Equipment.

The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

Manufactured Homes.

All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones, on the communities FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top of frame ties to ground anchors; and

Manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones, on the community's FIRM on any site shall, in the case of substantial damage, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to three (3) feet above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Non-Conforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the Section, but which is not in conformity with the provisions of this Section, may be continued subject to the following conditions:

If such structure, use, or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this Section.

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 fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.

Cumulative Improvements. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvements exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into full compliance with the provisions of Section 408.010(G)(2)(a) through (e) which requires elevation of structures to be three (3) feet above the base flood elevation and have all areas below the base flood elevation be floodproofed per Section 408.010(G)(2)(b).

Critical Facilities.

All new or substantially improved critical non-residential facilities, including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities, and schools shall be elevated above the 500-year flood level or together with attendant utility and sanitary facilities, be floodproofed so that below the 500-year 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 the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in the National Flood Insurance Program (NFIP) regulations.

All critical facilities shall have access routes that are above the elevation of the 500-year flood.

10.

Hazardous Materials. All hazardous material storage and handling sites shall be located out of the floodway and floodplain.

11.

Penalties For Violations. Violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor and a violation of the City's Code. Any person who violates this Section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), 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 Blue Springs or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

12.

Amendments. The regulations, restrictions, and boundaries set forth in this Section may from time to time be amended, supplemented, changed, or appealed 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 of 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 Blue Springs and 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 Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Section are in compliance with the National Flood Insurance Program (NFIP) regulations.

Floodplain Variance Procedures.

Establishment Of An Appeal Board. The Board of Adjustment as established by the City of Blue Springs shall hear and decide appeals and requests for variances from the floodplain management requirements of this Section; provided, however that nothing in this Section precludes such an appeal for a variance.

Responsibility Of Appeal Board.

Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Community Development Director and/or their designee, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Section 403.080.

The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Community Development Director and/or their designee in the enforcement or administration of this Section.

Further Appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Jackson County Circuit Court as provided in Section 89.110, RSMo.

Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in this Section of the City Code, and the following criteria:

The danger to life and property due to flood damage;

The danger that materials may be swept onto other lands to the injury of others;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations, not subject to flood damage, for the proposed use;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and

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; streets; and bridges.

Conditions For Approving Floodplain Management Variances.

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, providing items (b) through six (f) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided the proposed activity will not preclude the structure's continued historic designation.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

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, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or City ordinances.

A community shall notify the applicant in writing over the signature of a community official that:

(1)

The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Section.