[Ord. No. 15-1 §2, 1-13-2015]
A. Establishment Of Appeal Board. The Board of Adjustment
for the City shall hear and decide appeals and requests for variances
from the floodplain management requirements of this Chapter.
B. Responsibility Of The 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 Board of Adjustment, as defined in Section
565.060(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 Floodplain Administrator in the enforcement or administration of this Chapter.
C. Further Appeals. Any person aggrieved by the decision
of the Board of Adjustment or any taxpayer may appeal such decision
to the St. Louis County Circuit Court as provided in Section 89.110,
RSMo.
D. 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 other sections of this Chapter, and the following
criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the
injury of others;
3.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the City;
5.
The necessity to the facility of a waterfront location, where
applicable;
6.
The availability of alternative locations, not subject to flood
damage, for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
11.
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.
E. Conditions For Approving Floodplain Management Variances.
1.
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, provided that the provisions of Subsection
(E)(2) through
(6) 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.
2.
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 that the proposed
activity will not preclude the structure's continued historic
designation.
3.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
4.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
5.
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.
6.
The City shall notify the applicant in writing over the signature
of a community official that 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
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 Chapter.