Willard City Zoning Code
ARTICLE XVII
Miscellaneous Regulations
Section 400.1490 Generally.
[Ord. No. 020227 §1, 2-27-2002; Ord. No. 101228D §7, 12-28-2010]
This Article sets forth the requirements of regulations related to the development of land, construction of structures, facilities and improvements and provisions for determination of compliance with other codes and regulations of the City of Willard. Specifically, this Article sets forth regulations governing excavation within the City limits of Willard, procedures for inspection services provided by the City of Willard for compliance with the City's Building, Electrical, Plumbing and Mechanical Codes and the floodplain management regulations of the City.
Section 400.1500 Excavation.
[Ord. No. 020227 §1(17.1), 2-27-2002; Ord. No. 050110C §1, 1-10-2005; Ord. No. 050411A §1, 4-11-2005; Ord. No. 101228D §7, 12-28-2010; Ord. No. 250127, 1-7-2025]
A.
Purpose. This Section establishes standards and requirements for any excavation, grading, dislocation or relocation of any material within the City limits of Willard in order to protect the health, safety and welfare of the citizens and their property.
B.
Applicability. Unless otherwise exempted by other provisions of this Chapter, any firm, corporation or other entity engaged in any excavation, grading, dislocation or relocation of any material within the City limits of Willard shall comply with the applicable provisions of this Section.
1.
This Section does not apply to single-family homeowners in the acts of gardening, landscaping, or re-grading their property.
C. APPLICANT BLASTING BORING CITY DYNAMITE or EXPLOSIVE EXCAVATION GRADING PERSON SITE
Definitions. For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the text, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory.
Any person making an application for a permit to excavate.
The act of discharging any dynamite, explosive, cap or other device.
Drilling or pushing casing under a street without affecting its top surface.
The City of Willard, Missouri, or the City's authorized representative.
Any product or item which results in the removal, relocation or dislocation of any earth, sand, gravel, rock or other similar material or buildings or other structures and shall include the conditions resulting therefrom.
Any operation in which earth, rock or other material in or on the ground is moved, removed or otherwise displaced by means of any tools, equipment or explosives, and includes, without limitation, backfilling, grading, trenching, digging, ditching, drilling, well-drilling, augering, boring, tunneling, scraping, cable or pipe plowing, plowing-in, pulling-in, ripping, driving, and demolition of structures, except that, the use of mechanized tools and equipment to break and remove pavement and masonry down only to the depth of such pavement or masonry, the use of high-velocity air to disintegrate and suction to remove earth, rock and other materials, and the tilling of soil for agricultural or seeding purposes shall not be deemed excavation. Backfilling or moving earth on the ground in connection with other excavation operations at the same site shall not be deemed separate instances of excavation.
Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
Any partnership, corporation or other entity.
A lot, tract, project or subdivision of a single owner or several owners.
D.
Excavation For Construction, Development Or Alteration Of Structures.
1.
Application. If any excavation is proposed to be done in connection with any construction, development or alteration of existing structures, the proposal shall be submitted, in writing, to the City Clerk at the time of the request for approval of the subdivision plat or request for a zoning certificate, whichever first occurs or applies. The proposal for excavation shall be reviewed by the City and either accepted or rejected with recommendations by the City for compliance with generally accepted practices in the industry. The proposal for excavation shall be accompanied by the following:
a.
Written proof to the City that the applicant is insured and bonded against the possibility or eventuality of destruction, harm, physical injury or other catastrophe caused or threatened to be caused by the excavation;
b.
Written certification from a licensed engineer that the proposed excavation is being done according to generally accepted practices; and
c.
If the proposed excavation involves blasting, a pre-blast inspection and report which shall be provided at the applicant's expense.
E.
Blasting Limitations. Notwithstanding anything to the contrary herein, no excavation shall be done by uncovered or uncontained trench blasting; or by blasting or discharge of any explosive within three hundred (300) feet of any structure, building, residentially zoned property or public improvement including underground structures, public or private, unless person or persons causing the excavation shall have complied with all provisions of this Section. Seismographs shall be set at appropriate locations to measure the blast. No blast measured by the seismograph shall exceed a reading of particle velocity of more than one (1) inch per second. However, nothing contained herein shall excuse any person, firm, corporation or other entity from responsibility or liability should they cause damage as a result of their excavation to any person, business or corporation whether public or private, even if the seismograph reading is within the limits as described herein.
1.
The City shall, upon completion of the blasting or other excavation, make an inspection of the site in order to certify compliance with the provisions of this Section.
F.
Excavation Within Rights-Of-Way.
1.
No person shall cut through, dig into or make an opening in any hot asphaltic concrete street surface or any Portland cement street surface within the City of Willard for the purpose of constructing, installing, laying or repairing sewer lines, water lines, electric lines, gas lines, telephone lines or other such utilities.
2.
All cutting shall be approved by the Director of Public Works for connection to an existing sewer lines or water mains. Cuttings shall follow all applicable provisions of this Section and the applicable provisions of the City of Willard Design Standards for Public Improvements relating to regulation of sewer and water extensions and connections shall apply to such cutting or opening.
3.
In all other instances where it is necessary to cross under any street with any sewer line, water main, water line, gas line, electric lines, telephone line or other such utility, it shall be required to bore under the hard surface street and cutting or digging into the street surface shall not be permitted.
4.
No encroachment permit shall be issued by the Director of Public Works for storage of articles in the public right-of-way during construction until the applicant first obtains and furnishes to the City a copy or certificate of insurance in a sum of not less than five hundred thousand dollars ($500,000.00) per occurrence for property damage, personal injury or wrongful death. Such insurance shall name and insure the City from any and all liability or damages to persons or property sustained by any person, firm or corporation resulting from the use of street, alley, sidewalk or other public way for which a permit is granted.
5.
A utility or contractor who does more than occasional work in the public way in the course of one (1) year may elect to have a copy of its liability insurance on file with the City in lieu of the above. In such cases, confirmation of insurance shall be required each year.
G.
Permit Required. No person, partnership or corporation shall dig into or across, bore or tunnel under any street or alley in the City unless such person, partnership or corporation shall have a written permit signed by the City of Willard to authorize such work. The permit cost shall be one hundred dollars ($100.00) per Section 500.110. The permit shall be good for a maximum of one thousand (1,000) feet of infrastructure installation. Upon completion of the permit scope the installation shall be inspected and approved for final approval. For larger projects additional permits may be reviewed and processed but only one (1) active permit shall be open per project site.
1.
Whenever an encroachment permit is required, the permit or a copy thereof shall be located at the work site while the work is being performed.
2.
If applicable, a State or County permit for work in the State or County right-of-way within the corporate limits of the City.
3.
Any other information deemed necessary by the Director of Public Works.
4.
In case of an emergency which requires immediate attention to remedy defects in order to prevent loss or damage to persons or property, it shall be sufficient that the person making excavation or opening in the streets, alleys or sidewalks obtain a permit as soon as possible and may proceed without such permit where such permit cannot be obtained immediately and before starting such excavation or opening. For emergency construction sites for which remedial construction will take more than fourteen (14) calendar days, application for the permit must be made within three (3) calendar days from the start of construction. The person securing a permit to make an excavation in any street, alley or sidewalk shall be deemed to be the person making such excavations.
H.
Performance Bond Required.
1.
Prior to the issuance of a permit for excavation within the right-of-way limits of any street, alley or sidewalk, the applicant shall deposit with the City Clerk. A determined amount as a surety for performance bond based on the project scope review. In all cases the amount deposited shall be not less than five thousand dollars ($5,000.00).
2.
A utility or contractor who does more than occasional work in the public ways may elect to obtain a blanket surety bond to cover all work for a period of one (1) year in an amount to be determined by the Director of Public Works, but not to exceed five hundred thousand dollars ($500,000.00). The amount of the surety bond will be based upon the anticipated number of projects to be completed within one (1) year. Unless renewed, the surety bond will be refunded, as above, after the last inspection twelve (12) months after the project completion.
3.
Should the applicant for the permit fail to satisfactorily complete the work required under this Section, the City may give ten (10) days' written notice to the applicant and may complete said work at the expense of the applicant. City shall charge and collect against the cash bond such sums as are due from the applicant. If a balance remains after City has been reimbursed the costs of completion, then such deposit or portion thereof shall be returned to the applicant.
4.
Should the cash bond be insufficient to complete said work to the satisfaction of the City, the applicant shall owe the difference in the costs and expenses incurred. Applicant shall promptly pay to the City the amount due upon notice of said additional charges.
5.
Such deposit shall be returned twelve (12) months after the completion and final approval of the project.
I.
Work Performance. All work will be performed expediently and in a workmanship-like manner and every person making such excavation shall agree to perform all work in accordance with the permit and to indemnify and hold harmless the City, its officers and employees from all liability, judgments, costs, expenses and claims growing out of damages or alleged damages of any nature to any person or property arising out of performance or non-performance of said work or the existence of facilities and/or appurtenances thereof.
J.
Excavation Provisions. Workers shall exercise caution when working around utilities. This shall include hand digging when within twenty-four (24) inches of utility markings, having a designated spotter in the trench, boring, and slow scraping of material within the easement. If determined that damage was incurred by lack of caution during the installation, the applicant shall assume all costs for the repair.
K.
Plans Required. Where an application is made for an excavation permit for installing an underground gas main, an underground telephone cable, an underground water main or a sanitary or storm sewer, the applicant shall submit a blueprint or plat showing the location where the proposed main or cable is to be placed, if such blueprint is requested by the City, and the same shall be located and installed in accordance with the provisions of the City of Willard Design Standards for Public Improvements or other applicable ordinances and policies of the City.
L.
Underground Installations. The underground installation of water mains, sanitary sewer or storm sewer shall be in conformance with the requirements of the City of Willard Design Standards for Public Improvements. All underground water line installations will have a minimum cover of thirty (30) inches. All other underground installations will have a minimum cover of twenty-four (24) inches, except parallel direct burial underground telephone cable which may have a minimum of twenty-one (21) inches of cover. Greater minimums may be required by the City.
1.
Traveled areas shall be backfilled and either temporarily patched or permanently restored within one (1) working day after excavation, but no later than 5:00 P.M. on Friday in order to eliminate weekend traffic disruption and inconvenience. Permanent pavement restoration shall be accomplished within two (2) working days of any temporary pavement patch, weather permitting. All backfills, temporary patches, and permanent pavement restoration shall be in accordance with City of Willard City Standard Construction Specifications.
2.
At the close of each work day, all waste material shall be removed and the work area shall be restored to a condition satisfactory to the Director of Public Works.
3.
During the period between permit issuance and final inspection approval, the permit holder is responsible for the cleanliness and general condition of all affected streets, alleys, sidewalks, bike paths, parking lots and other public ways. Each permit holder shall be responsible for not less than the complete frontage of the property covered by the permit and from the centerline of the street or other public way to the property line.
4.
Upon completion of all work, the permit holder shall notify the Public Works Department for final inspection and approval.
5.
The permit holder shall repair at its own expense any settlement, defect or damage that may arise as a result of the excavation from the time of the completion of the work until the twelve (12) month inspection as required.
M.
Barricades. All excavations shall be barricaded in such a manner as to protect both pedestrians and vehicular traffic. Such excavations and barricades shall be lighted at night with danger signals in such a manner that all traffic may be warned of the existence and location of such excavation and barricades. All excavation shall be barricaded and lighted at night in the manner described in this Subsection. When the entire right-of-way is excavated, detour signs shall be posted and located as required by the City.
N.
Repair Procedures And Requirements.
1.
At the completion of any work requiring excavation of a street, alley or sidewalk, such excavation shall be immediately backfilled by filling the excavation with a minimum of six (6) inch lifts of crushed limestone. Each lift shall be well tamped as provided by the City. Compaction will be to the satisfaction of the City and shall comply with the standards of Chapter 405, Design Standards for Public Improvements.
2.
After the excavation has been properly backfilled and open to traffic a sufficient length of time to ensure proper settling, which time shall be at least ten (10) days, the person making the excavation shall notify the City Clerk that the same is ready for final repair. The City shall inspect the same and if it finds that such excavation has been properly backfilled and has settled sufficiently to permit final repair and after the person making the excavation has provided all appropriate test results, including compaction tests, the City shall authorize the person making the excavation to proceed with final repair.
3.
Final repair shall be made in the following manner:
a.
The backfill shall be removed to a depth of not less than eight (8) inches below the riding surface.
b.
Asphaltic concrete and Portland cement concrete pavement will be repaired by sawing the pavement in a straight line a minimum of eighteen (18) inches on each side of the excavation. If the cut is within four (4) feet of a longitudinal or transverse joint or crack, the cut will be extended to that joint or crack. Portland cement concrete surfaces will be replaced with an eight (8) inch thickness of Portland cement concrete. Asphaltic concrete surfaces will be replaced with a minimum of a five (5) inch wet compacted base stone, four (4) inches of black base and topped with a two (2) inch thickness of asphaltic concrete for wearing course. If the excavation is within a blacktop or bituminous roadway, the applicant shall place six (6) inches, after completion, of limestone base material and two (2) inches of a commercial mix bituminous material, at a minimum.
O.
Detailed Standards And Requirements.
1.
Encasement requirements will be specified by the City in accordance with the City's standards.
2.
Cable, wire, small diameter pipe and other such utility appurtenances extending from the surface of the ground shall be equipped with covers or guards to improve their visibility.
3.
Street ditches, culverts and other such devices used to carry surface runoff will be kept open, free and clear at all times.
4.
All voids resulting from boring or pushing casing or other facilities under roadways or approaches will be filled to the satisfaction of the City by a method and with a material approved in accordance with the City's standards.
5.
Top grade for all manholes will conform to any transverse or longitudinal slope and the top shall be two (2) inches above the curb and finished grade.
6.
Street plant materials, including trees and shrubs, shall be protected. Such materials and turf, which are disturbed, will be restored as directed by the City. Trees and shrubs will not be trimmed, cut, moved or sprayed without specific permission from the City.
7.
All sidewalks, steps, driveway approaches, drainage facilities, erosion protection and/or highway appurtenances in general which are removed or damaged as a result of the work herein will be repaired or replaced to the satisfaction of the City. Applicants will be responsible for such repairs for one (1) year from the date the permit is released.
8.
The cutting of pavement surfaces, benching, filling, and repair of pavement surfaces shall conform to City of Willard Standard Construction Specifications.
9.
Sections of sidewalk or driveway approaches shall be removed to the newest score line, approved saw-cut edge or cold joint.
10.
In case of damage to private property located on the City right-of-way with the permission of the City, the applicant will repair or replace such property to the satisfaction of the owner. In all cases, the applicant will notify the owner of such damage immediately.
11.
Construction materials and equipment will not be stored on the roadway or shoulders and will remain as near the right-of-way line as possible. If the applicant is performing work or has a right to the property adjacent to the City's right-of-way, all materials and equipment will be stored on the property.
12.
After completion of final repair and acceptance by the City, the person doing the excavating shall remain responsible for the integrity of the repairs and all work done in connection with said repairs for a period of one (1) year from the date of completion.
P.
Violation And Penalties. Violation of this Section, including any of its subparts, may result in the immediate cancellation of the permit issued for the project; or a fine of not less than one hundred dollars ($100.00) or no more than five hundred dollars ($500.00) per violation; and cancellation of permit if applicable. In addition, the City may cause the revocation of bond and the collection of insurance proceeds for any destruction done or caused to be done to any improvement located within the City limits. Each day of offense shall be construed to be a separate violation hereof.
Q.
The Public Works Director may order an immediate halt to work being performed in the public way and/or direct City personnel to perform the work and/or remove any stored articles. In addition to any other penalties imposed by this Section, the cost necessary to perform the work and/or remove any stored articles will be charged to the permit holder involved at a rate of three (3) times the City’s labor, equipment and material costs, plus forty percent (40%) overhead, or five hundred dollars ($500.00), whichever is greater.
1.
If an encroachment permit is required and not obtained, the Public Works Director may order an immediate halt to work being performed in the public way until such time that a permit is obtained and located at the work site. In such a case, the amount of the permit fee shall be two (2) times the normal fee and the violator shall be subject to a civil penalty not to exceed five hundred dollars ($500.00). Each day of such operation shall be a separate violation. This penalty shall apply to all contractors, utilities, etc.
2.
Whenever a permit holder engaged in construction on public or private property is determined to be in violation of this Section, the building official or his/her designee may cause a notice to be posted upon the building site informing the permit holder that no further inspections will be made or approvals granted until all injurious or unsightly substances have been removed from the street, alley, sidewalk, bike path, parking lot or any other public way. Whenever injurious or unsightly substances from several distinct building sites have contributed to the violations of this Section, the Building Official or his/her designee may cause such notice to be posted on each building site fronting on the affected street, alley, sidewalk, bike path, parking lot or other public way.
Section 400.1510 Code Inspection Services.
[Ord. No. 020227 §1(17.2), 2-27-2002; Ord. No. 101228D §7, 12-28-2010]
A.
Permit Required. It shall be unlawful for any person, individual, firm, partnership or corporation to build, construct or fabricate any building or dwelling, whether business or residential or any addition thereto, within the City limits of the City of Willard without having first obtained a permit for said construction. In seeking said permit, the applicant shall first apply with the City Clerk for a zoning certificate to reflect that the property for which the construction permit is to apply is properly zoned for the construction anticipated. The applicant shall submit the zoning certificate to the City of Willard with the application for permit.
B.
Fees. Permit fees and inspection fees for building, electrical, plumbing and mechanical construction on all phases of construction, commercial and residential, within the City as set forth in the above named ordinances shall be equal to the permit fees and inspection fees as set forth in the applicable codes of the City of Willard.
Section 400.1520 Floodplain Management.
[Ord. No. 020227 §1(17.3), 2-27-2002; Ord. No. 030609 Arts. I — VIII, 6-9-2003; Ord. No. 101213E §§2 — 3, 12-13-2010; Ord. No. 131104D §1, 11-4-2013; Ord. No. 210614E, 6-14-2021; Ord. No. 250714E, 7-14-2025]
A.
Statutory Authorization, Findings of Fact, and Purposes.
1.
Statutory Authorization. The Legislature of the State of Missouri has in Section 79.110, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare of the public. Therefore, the Board of Aldermen of the City of Willard, Missouri, ordains as follows:
2.
Findings of Fact.
a.
Flood Losses Resulting from Periodic Inundation. The special flood hazard areas of the City of Willard, 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.
b.
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.
c.
Methods Used to Analyze Flood 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 ordinance is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this ordinance. The base flood is the flood that is estimated to have a one percent (1%) chance of being equaled or exceeded in any given year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for Greene County, dated September 19, 2025, 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.
d.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
e.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
f.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
3.
Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare of the public; to minimize those losses described in Subsection (A)(2)(a); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a) (3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this ordinance to:
a.
Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
b.
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
c.
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
B.
General Provisions.
1.
Lands to Which Section Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Willard, Missouri, identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) panel numbers 29077C0180F, 29077C0185F, 29077C0187F, 29077C191F, 29077C0192F, 29077C0193F, 29077C0194F, and 29077C0306F dated September 19, 2025, as amended, and any future revisions thereto. In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Subsection (D).
2.
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 ordinance and other applicable regulations.
3.
Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
4.
Interpretation. In their interpretation and application, the provisions of this ordinance 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 Missouri statutes.
5.
Warning and Disclaimer of Liability. The degree of flood protection required by this 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 ordinance 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 ordinance shall not create a liability on the part of the City of Willard, any officer or employee thereof, for any flood damages that may result from reliance on this ordinance, or any administrative decision lawfully made thereunder.
6.
Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.
C.
Administration.
1.
Floodplain Development Permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Subsection (B)(1). No person, firm, corporation, or unit of government shall initiate any development or substantial-improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
2.
Designation of Floodplain Administrator. The Planning and Development Director is hereby appointed to administer and implement the provisions of this ordinance.
3.
Duties and Responsibilities of Floodplain Administrator. Duties of the floodplain administrator shall include, but not be limited to:
a.
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 ordinance have been satisfied;
b.
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;
c.
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;
d.
Issue floodplain development permits for all approved applications;
e.
Notify adjacent communities and the Missouri State Emergency Management Agency (MoSEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
f.
Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
g.
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;
h.
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;
i.
When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a Missouri registered professional engineer or architect.
4.
Application for Floodplain Development Permit. 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:
a.
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;
b.
Identify and describe the work to be covered by the floodplain development permit;
c.
Indicate the use or occupancy for which the proposed work is intended;
d.
Indicate the fair market value of the structure and the fair market value of the improvement;
e.
Specify whether development is located in designated flood fringe or floodway;
f.
Identify the existing base flood elevation and the elevation of the proposed development;
g.
Give such other information as reasonably may be required by the floodplain administrator;
h.
Be accompanied by plans and specifications for proposed construction; and
i.
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
D.
Provisions for Flood Hazard Reduction.
1.
General Standards.
a.
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.
b.
All areas identified as unnumbered A zones on the FIRM are subject to inundation of the one percent (1%) annual chance (aka 100-year) flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this ordinance. 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.
c.
Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A zones or AE zones on the community's 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.
d.
All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
(1)
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;
(2)
Construction with materials resistant to flood damage;
(3)
Utilization of methods and practices that minimize flood damages;
(4)
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;
(5)
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
(6)
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are 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 and constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(d)
All proposals for development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is lesser, include within such proposals base flood elevation data.
e.
Storage, Material, and Equipment.
(1)
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.
(2)
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.
f.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; the accessory structure meets the following floodplain management requirements; and a floodplain development permit has been issued. Wet-floodproofing is only allowed for small low-cost structures.
g.
Agricultural Structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; the structure meets the following floodplain management requirements; and a floodplain development permit has been issued.
h.
Cumulative Improvement. 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 ten (10) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into compliance with Subsection D(2)(a) which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/floodproofing of non-residential structures to one (1) foot above the base flood elevation.
i.
Nonconforming Use. A structure, or the use of a structure or premises that 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:
(1)
If such structure, use, or utility service is discontinued for six (6) consecutive months, any future use of the building shall conform to this ordinance.
(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 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.
2.
Specific Standards.
a.
In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Subsection D(1)(b), the following provisions are required:
(1)
Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above base flood elevation. The elevation of the lowest floor shall be certified by a Missouri licensed land surveyor, engineer, or architect.
(2)
Non-Residential Construction. New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation 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 Missouri 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 Subsection (c)(3)(g), (h), and (i).
(3)
Enclosures Below Lowest Floor. Require, for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and 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 flood waters. 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)
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; and
(b)
The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
3.
Manufactured Homes.
a.
All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones, on the community's 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 or frame ties to ground anchors.
b.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones and AE zones, on the community's FIRM on sites:
(1)
Outside of manufactured home park or subdivision;
(2)
In a new manufactured home park or subdivision;
(3)
In an expansion to an existing manufactured home park or subdivision; or
(4)
In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a Missouri licensed land surveyor, engineer, or architect.
c.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones and AE zones, on the community's FIRM, that are not subject to the provisions of Subsection D(3)(b) of this ordinance, be elevated so that either:
(1)
The lowest floor of the manufactured home is at one (1) foot above the base flood level; or
(2)
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
4.
Floodway. Located within areas of special flood hazard established in Subsection B(1) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris and potential projectiles, the following provisions shall apply:
a.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
b.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
c.
A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements of such revisions as established under the provisions of 44 CFR 65.12, and receives the approval of FEMA.
5.
Recreational Vehicles.
a.
Require that recreational vehicles placed on sites within all unnumbered and numbered A zones, and AE zones on the community's FIRM either:
(1)
Be on the site for fewer than one hundred eight (180) consecutive days;
(2)
Be fully licensed and ready for highway use; or
(3)
Meet the permitting, elevation, and anchoring requirements for manufactured homes of this ordinance.
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.
E.
Floodplain Management Variance Procedures.
1.
Establishment of Appeal Board. The Board of Adjustment as established by the City of Willard shall hear and decide appeals and requests for variances from the floodplain management requirements of this ordinance.
2.
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 floodplain administrator, the applicant may apply for such floodplain development permit or variance directly to the appeal board, as defined in Subsection (E)(1). The appeal board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this ordinance.
3.
Further Appeals. Any person aggrieved by the decision of the appeal board, or any taxpayer may appeal such decision to the Greene County Circuit Court as provided in Section 89.110, RSMo.
4.
Floodplain Management Variance Criteria. In passing upon such applications for variances, the appeal board shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following criteria:
a.
Danger to life and property due to flood damage;
b.
Danger that materials may be swept onto other lands to the injury of others;
c.
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d.
Importance of the services provided by the proposed facility to the community;
e.
Necessity to the facility of a waterfront location, where applicable;
f.
Availability of alternative locations, not subject to flood damage, for the proposed use;
g.
Compatibility of the proposed use with existing and anticipated development;
h.
Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
i.
Safety of access to the property in times of flood for ordinary and emergency vehicles;
j.
Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and
k.
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.
5.
Conditions for Approving Floodplain Management Variances.
a.
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 Subsection (E)(5)(a) through (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.
b.
Variances may be issued for the repair or rehabilitation 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 and the variance is the minimum necessary to preserve the historic character and design of the structure.
c.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e.
Variances shall only be issued 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 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 ordinances.
f.
A community shall notify the applicant in writing over the signature of a community official that: (a) 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 (b) 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 ordinance.
g.
A community shall maintain a record of all variance actions, including justification for their issuance.
h.
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of Subsection (E)(5)(a) through (e) of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F.
Penalties For Violation.
1.
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 granting of variances) shall constitute a misdemeanor. Any person, firm, corporation, or other entity that 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) and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
2.
A structure or other development without a floodplain development permit or other evidence of compliance is presumed to be in violation until such documentation is provided.
3.
The imposition of such fines or penalties for any violation for non-compliance with this ordinance shall not excuse the violation or non-compliance or allow it to continue. All such violations or non-compliant actions shall be remedied within an established and reasonable time.
4.
Nothing herein contained shall prevent the City of Willard or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
G.
Amendments. The regulations, restrictions, and boundaries set forth in this ordinance 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 Willard. 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 ordinance are in compliance with the National Flood Insurance Program (NFIP) regulations.
H. 100-YEAR FLOOD ACCESSORY STRUCTURE ACTUARIAL RATES ADMINISTRATOR AGENCY AGRICULTURAL COMMODITIES AGRICULTURAL STRUCTURE APPEAL APPURTENANT STRUCTURE AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASE FLOOD ELEVATION BASEMENT BUILDING CHIEF EXECUTIVE OFFICER or CHIEF ELECTED OFFICIAL COMMUNITY DEVELOPMENT ELEVATED BUILDING ELIGIBLE COMMUNITY or PARTICIPATING COMMUNITY EXISTING CONSTRUCTION EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD ELEVATION DETERMINATION FLOOD ELEVATION STUDY FLOOD FRINGE FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD HAZARD MAP FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING FLOODPLAIN MANAGEMENT FLOODPLAIN MANAGEMENT REGULATIONS FLOODPLAIN OR FLOOD-PRONE AREA FLOODPROOFING FLOODWAY ENCROACHMENT LINES FLOODWAY or REGULATORY FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MAP MARKET VALUE or FAIR MARKET VALUE MEAN SEA LEVEL NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION (NFIP) NUMBERED A ZONE ONE PERCENT (1%) ANNUAL CHANCE FLOOD PARTICIPATING COMMUNITY PERMIT PERSON PRINCIPALLY ABOVE GROUND REASONABLY SAFE FROM FLOODING RECREATIONAL VEHICLE REMEDY A VIOLATION REPETITIVE LOSS RISK PREMIUM RATES SPECIAL FLOOD HAZARD AREA SPECIAL HAZARD AREA START OF CONSTRUCTION STATE COORDINATING AGENCY STRUCTURE SUBSTANTIAL IMPROVEMENT1. 2. SUBSTANTIAL-DAMAGE1. 2. SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS UNNUMBERED A ZONE VARIANCE VIOLATION WATER SURFACE ELEVATION
Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning they have in common usage and to give this ordinance its most reasonable application.
See "base flood."
Means the same as "appurtenant structure."
See "risk premium rates."
Means the Federal Insurance Administrator.
Means the Federal Emergency Management Agency (FEMA).
Means agricultural products and livestock.
Means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.
Means a request for review of the floodplain administrator's interpretation of any provision of this ordinance or a request for a variance.
Means a structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Is the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
Means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Means the elevation of the surface of the water during a one percent (1%) annual chance flood event.
Means any area of the structure having its floor subgrade (below ground level) on all sides.
See "structure."
Means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.
Means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
Means 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.
Means 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.
Means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Means 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."
Means 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.
Means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Means an official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Means 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.
Means an examination, evaluation and determination of flood hazards.
Means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
Means 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.
Means the document adopted by the Governing Body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.
Means 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.
Means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).
Means 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.
Means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) 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.
Means any land area susceptible to being inundated by water from any source (see "flooding").
Means any combination of structural and nonstructural 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.
Means the lines marking the limits of floodways on Federal, State and local floodplain maps.
Means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
Means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Means 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.
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Means any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) by an approved State program as determined by the Secretary of the Interior; or (2) directly by the Secretary of the Interior in states without approved programs.
Means 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 ordinance.
Means 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."
Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Means 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).
Means an estimate of what is fair, economic, just and equitable value under normal local market conditions.
Means, 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.
Means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
Means 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.
Means the National Flood Insurance Program (NFIP).
Means a special flood hazard area where the Flood Insurance Rate Map shows the base flood elevation.
See "base flood."
Also known as an "eligible community," means a community in which the administrator has authorized the sale of flood insurance.
Means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, State or Federal authorities.
Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
Means that at least fifty one percent (51%) of the actual cash value of the structure, less land value, is above ground.
Means base flood waters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
Means 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.
Means 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.
Means 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.
Means those rates established by the administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
See "area of special flood hazard."
Means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
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.
Means 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.
Means, 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.
Means any combination of reconstruction, alteration, or improvement to a building, taking place for a ten-year period, in which the cumulative percentage of improvement equals or exceed 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 does not apply to:
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
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see definition). For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences. The term does not apply to:
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
Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceed fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
Means a special flood hazard area shown on either a flood hazard boundary map or flood insurance rate map where the base flood elevation is not determined.
Means 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 community.
Means 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 ordinance is presumed to be in violation until such time as that documentation is provided.
Means 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.
Section 400.1530 Noise Regulations.
[Ord. No. 020227 §1(17.4), 2-27-2002]
A.
Purpose. The purpose of these noise standards is to provide measurable criteria to ensure that noise resulting from an activity does not have an adverse impact on adjoining properties.
B.
Applicability.
1.
Nuisance not permitted. Any noise source that exceeds the applicable noise standards of this Section and, in the opinion of the Director, constitutes a nuisance shall be abated. Nothing contained herein shall be construed to overrule provisions of other City ordinances which shall be harmonized and enforced by the court to the fullest extent in order to prevent unnecessary noise.
C.
Noise Standards.
1.
Maximum noise level. No operation or activity shall cause or create noise in excess of the sound levels prescribed below.
2.
Method of measurement. Sound level shall be measured with a sound level meter meeting the standards established by the City Administrator or his/her designee in Subsection (C)(6). The instrument shall be set to the A-weighted response scale and the meter to the slow response. Measurements shall be conducted in accordance with standards established by the City Administrator or his/her designee as outlined in Exhibit AA. Measurements may be made at points of maximum noise intensity.
3.
Sound level standards. The maximum permitted sound level shall be as follows, subject only to the variations and exemptions permitted below in paragraph (5).
General Sound Level Limits | ||
|---|---|---|
Land Use Category | Time | Maximum dB |
Residential | Daytime | 50 |
Nighttime | 45 | |
Office/commercial | Daytime | 65 |
Nighttime | 60 | |
Industrial | Daytime | 60 |
Nighttime | 60 | |
4.
Sound projection. Sound projecting from property of one land use category onto property of another land use category having a lower sound-level limit shall not exceed the limits for the property of the land use category onto which it is projected.
5.
Variations and exemptions.
a.
Between the hours of 7:00 A.M. and 7:00 P.M. the following variations from the maximum sound level standards are permitted (only one (1) variation is permitted during a one (1) hour period).
Duration | Variation | |
|---|---|---|
Noise source operates less than twenty percent (20%) of any one (1) hour period. | +5 dBA | |
Noise source operates less than ten percent (10%) of any one (1) hour period. | +10 dBA | |
Noise source operates less than five percent (5%) of any one (1) hour period. | +15 dBA |
b.
The following uses and activities shall be exempt from the sound level standards:
(1)
Noises not directly under the control of the property user;
(2)
Noises emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M.;
(3)
The noises of safety signals, warning devices, emergency pressure relief valves and emergency electric generators; and
(4)
Noises from moving sources such as automobiles and trucks on public rights-of-way, railroad equipment on railroad rights-of-way and railroad spurs on private property and airplanes.
6.
Criteria for measuring sound levels which are subject to noise standards contained in the City of Willard's Zoning Code.
a.
Sound level measuring instrument. The instrument used in measuring sound levels subject to the above ordinance shall be the Digital Sound Meter Model 840029 or equivalent manufactured by SPER SCIENTIFIC. This instrument is identified as being of Type 2 and is designed in accordance with American National Standards Institute requirements for Type 2 units. The Type 2 instrument designation is intended for general field use in measuring environmental sounds.
b.
A-scale (dBA) to be used. The sound pressure level expressed in decibels and measured by using the AA@ frequency weighing is to be used. A-weighted decibel readings (dBA) are to be used in all aspects of enforcement of the outdoor music events noise ordinance.
c.
Calibration of instrument. The Digital Sound Level Meter Model 840029 is calibrated utilizing an internal oscillation system. Calibration shall be performed in accordance with manufacturer's instructions and documented immediately prior to taking measurements. Since this unit is battery operated, the user shall check the LCD display and note the condition of the battery immediately prior to use in the field.
d.
Instrument settings during noise measurements. The Model 840029 instrument contains three (3) settings which relate to response time and three (3) settings relating to the decibel range of the sound level to be measured. The decibel ranges are 30-80, 50-100 and 80-150. The response time ranges are designated as slow, fast and peak. The peak reading is actually a feature which simply displays the highest sound level observed at the site.
Ordinarily the noise measurement shall be taken with the instrument set for the A-weighting scale with slow response. However, measurements may be taken using the fast response setting in cases involving impulsive sounds or rapidly varying sounds. The peak noise feature may be used where the maximum sound level observed during a period of time is of interest.
e.
Method of determining ambient noise. In situations where ambient noise estimates may be desired, the arithmetic mean of decibel (dBA) observations recorded at fifteen (15) second intervals over a period of fifteen (15) minutes at a specific location may be used. Ambient noise levels may be determined at the site of the noise problem or at another location within the City of similar zoning and development character provided that sound level measurements are taken at the comparable site at a comparable time of day.
f.
Other testing considerations. The manufacturer defines the operating temperature for the Model 840029 instrument to be between thirty-two degrees Fahrenheit (32°F) and one hundred twenty-two degrees Fahrenheit (122°F) and the operating humidity to be a maximum of ninety percent (90%) relative humidity. Further, the accuracy of the instrument is plus or minus fifteen (15) decibel(s). All field measurements shall be made with these limitations in mind.
g.
Future developments. The purpose of this criteria is to specify a scientifically valid method of determining compliance with an applicable noise ordinance and describes the proper use of a particular identified instrument. It should be noted that the American National Standard Institute's (ANSI) publication entitled Specification for Sound Level Meters was used for referral purposes and for determining the appropriateness of other noise monitoring instruments. Said publication may be obtained by contacting the American National Standard Institute directly.
Section 400.1540 Lighting Regulations.
[Ord. No. 020227 §1(17.5), 2-27-2002; Ord. No. 070212D §1, 2-12-2007]
A.
Purpose. The purpose of this Section is to regulate the placement and arrangement of lighting. These regulations are intended to:
1.
Protect the public health, safety and general welfare;
2.
Enable the fair and consistent enforcement of these regulations;
3.
Control light spillover and glare;
4.
Encourage lighting systems which conserve energy and costs;
5.
Preserve community character; and
6.
Provide for nighttime safety, utility, security and productivity.
B.
Exterior Lighting Objectives. Lighting arrangements shall be arranged in the following manner:
1.
To minimize light spillover onto any adjacent premises; and
2.
The light source or luminare for all exterior lighting shall have a cutoff so that the bare light bulb, lamp or light source is shielded from the direct view of an observer at ground level at a property line adjacent to a public right-of-way or property zoned residential or at the interior buffer yard line if such buffer yard is required.
C.
Exterior Lighting Standards. All exterior lighting upon any premises, regardless of zoning classification, shall be subject to the following conditions and limitations.
1.
When a light source or luminaire does not have a cutoff, the following standards shall be met:
a.
Maximum mounting or pole height of the light source or luminaire: Fifteen (15) feet.
b.
Maximum permitted lumination:
(1)
Three-tenths (0.3) foot-candle at any point along the perimeter of the property where it adjoins a residential zoning district or is separated from a residential zoning district by a right-of-way of seventy (70) feet or less.
(2)
One (1.0) foot-candle at any other point along the perimeter of the property.
2.
When a light source or luminaire has total cutoff of light at an angle so that the bare bulb, lamp or light source is completely and opaquely shielded from the direct view of an observer at ground level at the perimeter of the property, the following standards shall be met:
a.
Maximum mounting or pole height of the light source or luminaire: Sixty (60) feet.
b.
Maximum permitted lumination:
(1)
One-half (0.5) foot-candle at any point along the perimeter of the property where it adjoins a residential zoning district or is separated from a residential zoning district by a right-of-way of seventy (70) feet or less.
(2)
One (1.0) foot-candle at any other point along the perimeter of the property.
3.
Building and landscape light fixtures, including ground lighting for signs, flagpoles and statues, shall be equipped with shields or shutters to minimize spillover. The maximum permitted lumination as a result of reflected light resulting from such fixtures shall be:
a.
One-half (0.5) foot-candle at any point along the perimeter of the property where it adjoins a residential zoning district or is separated from a residential zoning district by a right-of-way of seventy (70) feet or less; and
b.
One (1) foot-candle at any other point along the perimeter of the property.
4.
The maximum permitted average illumination of all parking lots shall be five (5) foot-candles.
5.
There shall be no lighting of a blinking, flashing, rotating or fluttering nature, including changes in light intensity, brightness or color except for public safety purposes.
6.
Light sources or luminaries shall not be located within buffer yard areas except on pedestrian walkways.
7.
A site lighting plan for uses requiring site plan review shall be submitted and shall provide the following information:
a.
Proposed location on premises of all exterior light fixtures;
b.
Description of illumination devices, fixtures, lamps, supports, reflectors and lens, mounting height and wattage;
c.
Photometric design layout for the site of all illuminated vertical and horizontal surfaces showing the design foot-candle levels.
D.
Existing Lighting. Any existing lighting fixture that is moved or replaced shall meet the requirements of this Section.
E.
Exemptions.
1.
Outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields and tennis courts shall be exempt from the exterior lighting standards of Subsection (C) above. These outdoor recreational uses must meet all other requirements of this Section and of this Article.
2.
Private outdoor lights. Private outdoor lights installed by a public utility on private property for security purposes are exempt from the exterior lighting standards of Subsection (C) above, provided the installation is approved by all property owners of residential property from which the light source can be viewed directly.
3.
Emergency warning lights. Safety signal and warning device lighting shall be exempt from the exterior lighting standards of Subsection (C) above.
4.
Temporary seasonal/holiday lighting. Temporary seasonal/holiday lighting is exempt from the exterior lighting standards of Subsection (C) above.
5.
Searchlights. Searchlights for promotional purposes and special events shall be exempt from the exterior lighting standards of Subsection (C) above provided the lights are not located in a residential zoning district and the lights are directed so that they do not illuminate any structure that is not located on the same property as the lights.