[Ord. No. 1261, 12-6-2021]
The City Council as established by the City of Scott City shall
hear and decide appeals and requests for variances from the floodplain
management requirements of this Chapter.
[Ord. No. 1261, 12-6-2021]
A. 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 Article
V, Section
535.200.
B. 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 Chapter.
[Ord. No. 1261, 12-6-2021]
Any person aggrieved by the decision of the appeal board or
any taxpayer may appeal such decision to the Scott County Circuit
Court as provided in Section 89.110, RSMo.
[Ord. No. 1261, 12-6-2021]
A. 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 Chapter, and the following
criteria:
1.
Danger to life and property due to flood damage;
2.
Danger that materials may be swept onto other lands to the injury
of others;
3.
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
4.
Importance of the services provided by the proposed facility
to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations, not subject to flood
damage, for the proposed use;
7.
Compatibility of the proposed use with existing and anticipated
development;
8.
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9.
Safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters, if applicable, expected at the site;
and,
11.
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.
[Ord. No. 1261, 12-6-2021]
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections
(B) 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 Chapter.
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 items 1
through 5 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.