Development Advisory Commission

Development Advisory Commission Meeting Monday, October 10, 2016 4:00 p.m. East Conference Room 903 W. Main Street Blue Springs, Missouri City of Blue Springs, Missouri  East Conference Room – 903 W. Main Street – City Hall DEVELOPMENT ADVISORY COMMISSION MEETING AGENDA Monday, October 10, 2016 - 4:00 p.m. Commissioners please call 228-0207 if unable to attend 1 MEETING SUMMARY MINUTES – January 19, 2016 2 2015 UNIFIED DEVELOPMENT CODE: MINOR AMENDMENTS DISCUSSION & VOTE ON RECOMMENDATION TO PLANNING COMMISSION 1. Section 411.040, Glossary 2. Section 405.030, Non-residential Building Type Standards 3. Section 406.020.E, Lot Arrangement 4. Section 403.050.G, Public Improvements for Performance Guarantees 5. Table 405.030-1, Use table 6. Section 402.060.4, Duties and Powers, Downtown review Board 7. Section 404.240.G.3.a.(3) Zone T-5 8. Section 405.030, Non-residential Building Type Standards 9. Section 408.010, Floodplain Management 3 OTHER BUSINESS – 4 ADJOURN - If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) 10.10.2016 Page 1 of 1 kf  City of Blue Springs 903 Main Blue Springs, Missouri 64015 Development Advisory Commission MINUTES Tuesday, January 19, 2016 A regular meeting of the Development Advisory Commission of the City of Blue Springs was held at City Hall in the east conference room located at 903 W Main Street on Tuesday, January 19, 2016 with the following members, guests and staff in attendance: VOTING MEMBERS R.B. “Ben” Alexander Scott Allen, Community Dev. PRESENT Jason Sanders Chris Sandie, Public Works Susan Culpepper, Council Liaison MEMBERS ABSENT Commissioner Bob Frost Commissioner Joe Haney STAFF PRESENT Jim Holley, Community Dev. Karen Findora, DAC Liaison CALL TO ORDER Chairman Susan Culpepper called the meeting to order at 4:00 p.m. CONSENT AGENDA Chairman Culpepper requested action on the Consent Agenda with a APPROVAL motion by Commissioner R.B. “Ben”Alexaner, a second from Commissioner Jason Sanders, and a unanimous vote, the Minutes of September 16, 2015, were approved as submitted. AGENDA ITEM 2 Jim Holley, Assistant Director, Community Development, reviewed all of 2015 UNIFIED the minor amendments to the 2015 Unified Development Code with the DEVELOPMENT CODE: Commission. Mr. Holley informed the Commission that more amendments MINOR AMENDMENTS would follow later in the year. DISCUSSION & VOTE ON RECOMMENDATION TO 1. Section 407.040.c, Landscape Requirements PLANNING COMMISSION 2. Table 407.010-3, Parking, Location, Scale and Landscape 3. Table 405-030-1, Use Table Parking Lot – Commercial MOTION 4. Section 405.050.H.2, Day Care Uses-General 2015 UNIFIED 5. Section 407.010.C.4, Bicycle Parking DEVELOPMENT CODE: 6. Section 407.020, Vehicle Access Requirements MINOR AMENDMENTS 7. Section 405.020 Standards for a Duplex on a standard lot 8. Section 403.040, Planned Developments, subsection F, Designation on the official Zoning Map 9. Section 402.060, Downtown Review Board – Duties and Powers DAC Minutes – 01.19.2016 Page 1 of 2 kf  Commissioner R.B. “Ben” Alexander made a motion to recommend the approval of the minor Unified Development Code amendments. SECOND Seconded by Commissioner Jason Sanders. VOTE Joe Haney – Absent Susan Culpepper – Aye Bob Frost – Absent Scott Allen – Aye R.B. “Ben” Alexander – Aye Chris Sandie – Aye Jason Sanders, Chairman - Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS No other business was heard. MEETING ADJOURN With no further discussion, a motion was made by Jason Sanders to adjourn at 4:30 p.m. Seconded by Chris Sandie. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________ __________________________ Susan Culpepper, Chairman Date DAC Minutes – 01.19.2016 Page 2 of 2 kf DATE: October 10, 2016 TO: Development Advisory Commission FROM: James Holley, Asst. Dir. of Community Development Director SUBJECT: Unified Development Code (UDC) Recommended Amendments Below is a list of proposed changes to the UDC. The current UDC was adopted by the City Council in August of 2015 and became effective in October of 2015. There was a round of modifications in February of 2016. This represents a second round of modifications. As staff continues to apply the UDC we have found a number of provisions that need to be modified. The modifications are needed in order to correct errors and/or to make the UDC easier to understand and implement. Also, FEMA has issued new Floodplain maps and updated the requirements of the National Flood Insurance Program (NFIP) to include code provisions that must be included in all Floodplain Management codes for cities that participate in the program. In total there are 10 amendments noted and numbered below. 1. Section 405.030, Non-residential Building Type Standards, Staff and applicants have experienced frustration with the transparency regulation when applied to pad site buildings along major corridors. To address this issue staff proposes the changes below to better reflect the intent of the transparency regulations. In addition, parking for pad site buildings can generally comply with placing the parking behind the front building line. However, because of the size of many of the existing parcels (Andy’s Frozen Custard for example) or the development type (QuikTrip for example) they often find the need to add a small fraction of the parking forward of the front building line, typically to the side of the building rather than immediately in front of the building. The code changes noted below adjusts the transparency regulation and allows for up to 10% of the required parking to be placed in front of the front building line. Section 405.030 – Non-residential Building Type Standards Pad Site Building Frontage width 75’ to 200’ Lot Size Area Minimum 7,500 sq. ft. 0’ – 10’ On Activity Streets or when fronting on any part of the Civic Open Space System. Front 10’ -45’ in all other cases. Setbacks Side 10’ min. 10’ – 15’; except 0’ – 10’ when the first 30’ of building frontage on the side street is designed to meet Corner side the standards of the front façade.  Rear 20’ min., except 0’ min. for alley-loaded lots Height 15’ to 30’.; up to 2 stories Terrace; Frontage Plaza; or Enhanced Streetscape Frontage Frontage Type Buffer Edge limited to Standard Streets 40% minimum front building line; 60% minimum on Activity Streets Transparency = 50% to 80% at street level if located on an Activity Street, 30% or more if located on any other type of street; 30% to 50% on upper story regardless of street type. Primary Entrance Feature = 1 per building frontage on Activity Streets; side entrances may be permitted on other street types provided there is a direct pedestrian connection to the entrance from the street frontage. Design & Performance Standards Building coverage = 65% of lot area max. Parking shall generally be located behind the front building line with an exception of up to 10% of the parking may be placed forward of the front building line. Parking directly in front of the building itself is generally discouraged. Non-Residential Design Standards in Section 407.090 shall apply to all applications of this building type. 2. Staff has also determined that it would be beneficial to add a definition of “transparency’ in the Glossary. Section 411.040 – Glossary TRACT: A continuous area or acreage of land which can be divided or subdivided as provided for in the State of Missouri and by this Chapter. Same as "Parcel". TRANSPARENCY: Having the property of transmitting light without appreciable scattering so that bodies lying beyond are seen clearly; having a void or material that is able to be seen through. T-ZONE: A geographical cross-section used to identify the level of urban character and intensity of a traditional neighborhood design project. 3. There were two conflicting “corner visibility” provisions that were provided in the 1996 Unified Development Code (UDC), and neither were provided in the 2015 UDC update. This has made enforcement of unsafe conditions as a result of plant materials and other obstructions at street intersections difficult to enforce. This code section amendment adds back into the UDC a provision for corner visibility. Section 406.020.E Lot Arrangement. 4. Corner Visibility. On corner lots, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the curb grade within the triangular area formed by an imaginary line that follows the street pavement edges and a line connecting them twenty-five (25) feet from the point of intersection. This sight triangle standard may be increased, by the City Engineer, when deemed necessary for traffic safety. 4. This code section amendment formalizes the requirement to provide Development and Maintenance Agreements related to public and/or private infrastructure prior to approval of a Final Plat. Section 403.050.G – Public Improvements or Performance Guarantees, and Development and Maintenance Agreements Prior to approval of a final plat, the developer shall install all required public improvements or post a financial guarantee of performance in a form established by the City (performance guarantees), and provide Development and Maintenance Agreements as required by the Director of Public Works or his/her designee. 5. The requirement to provide a landscape plan and to set the standards by which plans are to be provided in the 1996 Unified Development Code (UDC) were not provided in the 2015 UDC update. Though it is understood that Blue Springs requires such plans and this has not been particularly problematic, the provisions for the landscape plan requirement and standards ought to be included in our code. This code section amendment adds back into the UDC a provision for Site and Landscape Design. Section 407.040.G – Landscaping Plan Required All plans submitted in support of a plan review, conditional use, PD, and Final Plat shall include a landscape plan. However, conventional single-family and two-family residential developments are exempt from the Subsection (I) and (K) of Section 407.040.G. The following plan standards apply: A. North arrow and scale. B. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection C. The location and contours at 1-foot intervals of all proposed berms. D. The location and dimension of all proposed and existing structures, parking lots and drives, and sidewalks. Refuse disposal areas, fences above or underground utilities and storm drainage systems, freestanding electrical equipment, recreational facilities, and other freestanding structural features as determined necessary by the City. E. The location, size, spread (at the time of planting), type and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen standards. F. Mature size of plant material shall be drawn to scale. G. Location of hose connections and other watering sources. H. All landscaping required along with landscape calculation in a table format on the drawing breaking out open space, buffers and parking lot unit requirements, and plant units provided. I. The landscape plan shall be properly sealed by a licensed landscape architect, architect, engineer or plant nurseryman licensed to practice in the State of Missouri. J. All existing trees to be saved including type, size, location, and condition shall be shown along with preservation methods anticipated to ensure existing tree health and longevity.  K. Upon installation, a landscape architect, architect, engineer or plant nurseryman shall submit a letter certifying the landscape installation is substantially in compliance with the approved landscape plan. 6. Contractors Use Categories – the UDC does not currently have use categories for contractor-related land uses, including offices and storage. At a minimum, the storage land use is recommended to provide further clarification on this common use that is not specifically addressed in the UDC. The following changes to Section 411.030, 405.050, and Table 405.030-1 are recommended: Section 411.030.G. Light Industrial/Craft Manufacturing Use Building or Construction Contractor (with machinery, equipment, or storage): Construction contractor shall mean a person engaged in the construction of buildings, engaged in heavy construction (such as streets, bridges, or utilities), or specialized in such construction trades such as plumbing, heating and air conditioning, electrical wiring, masonry, roofing or gutters, well drilling, or house painting. Construction equipment shall mean a self-propelled or non-propelled equipment designed for off-road use in grading or construction; including trailers, attachments, and component parts for such equipment. Section 405.050.31. Building or Construction Contractor (with machinery, equipment, or storage). Building or Construction Contractor (with machinery, equipment, or storage) shall be subject to the following standards and requirements: a. All storage of machinery and equipment shall be placed in the rear or non- street corner sides of the building and screened from street view and, if adjacent to less-intensive zoning districts, with an opaque fence between 6 feet and 8 feet tall to screen the storage area. Screening shall be coordinated with the building to maintain a unified appearance. b. Storage areas located further than three hundred (300) feet from the street or adjacent properties and not readily visible from the street or adjacent properties need not provide screening. Land Use Table (405.030-1) Table 405.030-1: Use Table Key: Residential Zoning Districts Non-Residential Zoning Districts  = Permitted use / general standards  = Limited use / specific standards or planned districts  = Conditional use / discretionary review RE SF-12 SF-7 TF MF-10 MF-14 MF-18 N-L N-O NB SO GB RC LI HI PLOS Uses Industrial Building or Construction Contractor – with    machinery, equipment, or storage No storage: Same land use as Office  7. Staff is recommending additional detail on what applications are required to be reviewed by the Downtown Review Board. Section 402.060.4: Duties and powers. The DRB will act as the Governing Body for the Downtown Development Code (DDC) and Sign Code within the Downtown Zoning District. Only alterations and additions to the principal structure will be reviewed in the T3 (Sub- Urban) Zoning District. Accessory structures in the T3 (Sub-Urban) Zoning District will be reviewed administratively. Temporary signage will be reviewed administratively in the Downtown Zoning District. 8. Staff is recommending to remove the following maximum frontage width from the T5 zoning district. The T5 zoning is planned to accommodate multi-family and mixed-use developments; however, the limited frontage width makes it a challenge to develop at the appropriate scale. Section 404.240.G.3.a.(3): Zone T5. No minimum lot size. Frontages are limited to no greater than sixty (60) feet in width. 9. Staff is recommending to remove the maximum frontage width for the General Commercial building type and place a 75’ minimum on all lots with a General Commercial building type. This requirement has already led to a variance for QuikTrip at 7 and 40 Highways. This requirement has repeatedly been a point of discussion in pre-application meetings with potential developers. Section 405.030. Non-Residential Building Type Standards. General Commercial Building. Frontage width: 75’ to 200’ 75’ min. 10. In order to remain in compliance with the National Flood Insurance Program (NFIP) significant changes and additions are required. Please see the attached “Exhibit A” for the revised Section 408.010, Flood Plain Management (FW-O and FF-O Districts). The changes proposed do not, for the most part, represent significant changes to the UDC but will make the regulatory language clearer and, in some cases, less onerous on development. Staff is asking the Development Advisory Commission to review the proposed amendments and provide comments and/or recommendations for the Planning Commission and City Council to consider.  EXHIBIT “A” Section 408.010. Flood Plain Management (FW-O and FF-O Districts). [Ord. No. 4558 §1, 8-3-2015] A. Intent. The intent of the Flood Plain Management Overlay District regulations of this Section are to: 1. 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. 2. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. 3. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. 4. Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program. Section 408.010. Flood Plain Management (FW-O and FF-O Districts) A. Statutory Authorization The Legislature of the State of Missouri has in RSMo 89.020 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: 1. Findings of Fact a. 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. 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 Hazards d. 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. i. 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 chance of occurrence in any one 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. ii. 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. iii. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point. Page 1 2. 1.Intent. The intent of the Flood Plain Management Overlay District regulations of this Section are to: a. 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. b. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction. c. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard. d. Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program. To promote the public health, safety, and general welfare; to minimize those losses described in Article 1, Section B (1); 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 Section. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. B. Warning And Disclaimer Of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific Page 2 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 waterway/storm water conduit 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. C. B. 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. ACTUARIAL OR 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. AREA OF SPECIAL FLOOD HAZARD The land in the flood plain 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. 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. EXISTING CONSTRUCTION For the purposes of determining rates, structures for which the start of construction commenced before November 18, 1996, of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; or 2. The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) An official map of a community, on which the Flood Insurance Study has delineated the flood hazard boundaries and the zones establishing insurance rates applicable to the community. FLOOD INSURANCE STUDY The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood. FLOODPLAIN Any land area susceptible to being inundated by water from any source (see flooding). Page 3 FLOODPLAIN MANAGEMENT The operation of an overall program of corrective and preventive measures for reducing flood drainage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. FLOODPROOFING Any combination of structural or 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 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. FLOODWAY FRINGE That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years (e.g., that has a one percent (1%) chance of flood occurrence in any one (1) year). FREEBOARD A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 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 any 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 flood proofing design requirements of this Chapter. MANUFACTURED HOME A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home," also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 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. NEW CONSTRUCTION Structures for which the start of construction or substantial improvement is commenced on or after November 18, 1996, of the FIRM. START OF CONSTRUCTION For other than new construction or substantial improvements under the Coastal Barrier Resource Act (Pub. L. 97-347) includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent Page 4  construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, 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 the building, whether or not that alteration affects the external dimensions of the building. STRUCTURE A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground. SUBSTANTIAL 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. SUBSTANTIAL IMPROVEMENT Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any walls, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing, State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. C. 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" means the same as "appurtenant structure." "Actuarial Rates" see "risk premium rates." "Administrator" means the Federal Insurance Administrator. "Agency" means the Federal Emergency Management Agency (FEMA) . "Agricultural Commodities" means agricultural products and livestock. "Agricultural Structure" means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities. Page 5 "Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of this Section or a request for a variance. "Appurtenant Structure" means 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 or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means 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" means the official of the community who is charged with the authority to implement and administer laws, Sections, and regulations for that community. "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. "Development" 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. "Elevated Building" 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. "Eligible Community" or "Participating Community" means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). "Existing Construction" 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." "Existing Manufactured Home Park or Subdivision" 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. Page 6 "Expansion to an Existing Manufactured Home Park or Subdivision" 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). "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Boundary and Floodway Map (FBFM)" means 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" 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 or greater chance of occurrence in any given year. "Flood Elevation Study" means an examination, evaluation and determination of flood hazards. "Flood Fringe" means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood. "Flood Hazard Boundary Map (FHBM)" 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. "Flood Insurance Rate Map (FIRM)" 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. "Flood Insurance Study (FIS)" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. "Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water from any source (see "flooding"). "Floodplain Management" 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. "Floodplain Management Regulations" means 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. "Floodproofing" 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. Page 7 "Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floodway Encroachment Lines" means the lines marking the limits of floodways on Federal, State and local floodplain maps. "Freeboard" 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. "Functionally Dependent Use" 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. "Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic 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. "Lowest Floor" 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 Section. "Manufactured Home" means a structure, transportable in one 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" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Page 8 "Map" 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). "Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and equitable value under normal local market conditions. "Mean Sea Level" 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. "New Construction" 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. "New Manufactured Home Park or Subdivision" 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. "(NFIP)” means the National Flood Insurance Program (NFIP). "Participating Community" also known as an "eligible community," means 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" means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. "Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 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" 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 noncompliance. "Repetitive Loss" means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of Page 9 each such flood event, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. "Risk Premium Rates" 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. "Special Flood Hazard Area" see "area of special flood hazard." "Special Hazard Area" means 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 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" 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. "Structure" 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. "Substantial-Damage" 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 50 percent of the market value of the structure before the damage occurred. The term includes Repetitive Loss buildings (see definition). Page 10 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: a.) 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 b.) Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”, or c.) Any improvement to a building. "Substantial Improvement" means any combination of reconstruction, alteration, or improvement to a building, taking place during a 10 year period, in which the cumulative percentage of improvement equals or exceeds fifty percent 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: a.) 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 b.) Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” Or c.) Any building that has been damaged from any source or is categorized as repetitive loss. ** Recommend development of written and adopted policy and procedure. "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 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. "Variance" 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 Board of Adjustment or any other review board, agency or official. Page 11 "Violation" 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 Section is presumed to be in violation until such time as that documentation is provided. "Water Surface Elevation" 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. D. C. Administration and application for floodplain development permit. The Community Development Director or his/her designee shall administer and implement the flood plain management regulations of this Section. The duties of the Community Development Director or his/her designee shall include but not be limited to: 1. Review all construction permits to assure that sites are reasonably safe from flooding and that the permit requirements of this regulation have been satisfied. 2. Review permits for proposed construction to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. 3. Notify adjacent communities and the Missouri State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Emergency Management Agency. 4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 5. Verify, record and maintain records of the actual elevation (in relation to mean sea level) of the lowest floor (including basements) of all new or substantially improved structures. 6. Verify, record and maintain records of the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed. 7. When floodproofing is utilized for a particular structure, the Community Development Director shall be presented certification from a licensed professional engineer or architect. 1. 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; 2. 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; 3. 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; 4. Issue floodplain development permits for all approved applications; Page 12  5. 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); 6. Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse. 7. 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; 8. 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; 9. When floodproofing techniques are utilized for a particular non- residential structure, the Community Development Director and/or his designee shall require certification from a registered professional engineer or architect; and, 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: 1. 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; 2. Identify and describe the work to be covered by the floodplain development permit; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Indicate the assessed value of the structure and the fair market value of the improvement; 5. Specify whether development is located in designated flood fringe or floodway; 6. Identify the existing base flood elevation and the elevation of the proposed development; 7. Give such other information as reasonably may be required by the Community Development Director and/or his designee; 8. Be accompanied by plans and specifications for proposed construction; and, 9. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. Page 13 E. D. Districts Established. The mapped flood plain 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 29095C0184F, 29095C0187F, 29095C0189F, 29095C0191F, 29095C0192F, 29095C0193F, 29095C0194F, 29095C0211F, 29095C0213F, 29095C309F, 29095C0310F, 29095C326F, 29095C0328F dated September 29, 2006 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 September 29, 2006 January 20, 2017, as amended, and any future revisions thereto. F. E. General Standards. The following standards shall apply within the FW-O and FF-O Districts. 1. 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. 2. 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. 3. General requirements. New construction, subdivision proposals, substantial improvements, prefabricated buildings, placement of mobile homes and manufactured housing units and other developments shall require: a. Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. 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. c. 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 Page 14  designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. All utility and sanitary facilities be elevated or floodproofed up to the regulatory flood protection elevation. e. 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. f. 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. g. 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. G. F. FW-O District Standards. The following standards shall apply within the FW-O District. 1. 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: a. Agriculture, limited; b. Agriculture, general; c. Airports or airstrips; d. Parks and recreation; e. Golf courses; f. Residential accessory uses such as lawns, gardens, parking and play areas; and g. Non-residential accessory uses such as parking and loading areas. H. G. FF-O District Standards. The following standards shall apply within the FF-O District. 1. Permitted uses. Any use permitted in the FW-O District shall be permitted in the FF-O District. Page 15 2. Supplemental standards. The following supplemental standards shall apply within the FF-O District: a. 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. b. 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. c. 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. d. 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. e. 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. f. 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 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. Page 16  *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. IH. Provisions for Flood Hazard Reduction A. General Standards. 1. 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. 2. 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. 3. 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 foot at any point within the community. 4. All new construction, subdivision proposals, substantial-improvements, prefabricated structures, placement of manufactured homes, and other developments shall require: a. 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; b. Construction with materials resistant to flood damage; c. Utilization of methods and practices that minimize flood damages; d. 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; e. 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 f. 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. Page 17 5. Storage, material, and equipment a. 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. b. 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. 6. Nonconforming 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: a. 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. b. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent 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. 7. 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 50 percent of the structure’s current market value. If the cumulative value of the improvements exceeds 50 percent of the structure’s current market value, the structure must be brought into full compliance with the provisions of Section 408.010.H.2.a-e which requires elevation of structures to be 3-feet above the base flood elevation and have all areas below the base flood elevation be floodproofed per Section 408.010.H.2.c. 8. Critical Facilities: a. All new or substantially improved critical nonresidential 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. b. All critical facilities shall have access routes that are above the elevation of the 500-year flood. Page 18  9. Hazardous Materials; All hazardous material storage and handling sites shall be located out of the floodway and floodplain. 10. 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 $ 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. 11. 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 least 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. J. I. Floodplain Variance Procedures 1. 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. 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 Community Development Director and/or his designee, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Article 5, Section A. 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 his designee in the enforcement or administration of this Section. 3. 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 RSMo 89.110. Page 19 4. 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: a. The danger to life and property due to flood damage; b. The danger that materials may be swept onto other lands to the injury of others; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations, not subject to flood damage, for the proposed use; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. The safety of access to the property in times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and, k. 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. 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 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 2 through 6 below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. b. 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. 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 City ordinances. h. 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 $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood Page 20 level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Section. Page 21