[R.O. 2008 § 415.240; R.O. 2007 § 415.240; Ord. No. 4974 § 1, 3-30-2006; Ord. No. 6206 § 20, 4-28-2016]
A.
The Board of Adjustment as established
by the City of O'Fallon, Missouri, shall hear and decide appeals and
requests for variances from the requirements of this Chapter.
B.
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 Article VIII, Section 415.240(A).
The Board of Adjustment shall hear
and decide appeals when it is alleged there is an error in any requirement,
decision or determination made by the Floodplain Administrator in
the enforcement or administration of this Chapter.
C.
Any person aggrieved by the decision of
the Board of Adjustment or any taxpayer may appeal such decision to
the Circuit Court of St. Charles County as provided in Section 89.110,
RSMo.
D.
In passing upon such application, the Board
of Adjustment shall consider all technical evaluation, all relevant
factors, standards specified in other Sections of this Chapter and:
1.
The danger that materials may be
swept onto other lands to the injury of others;
2.
The danger to life and property due
to flooding or erosion damage;
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 community;
5.
The necessity to the facility of
a waterfront location, where applicable;
6.
The availability of alternative locations,
not subject to flooding or erosion 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 and the effects
of wave action, 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 and streets and bridges.
E.
Upon consideration of the factors listed
above and the purpose of this Chapter, the Board of Adjustment may
attach such conditions to the granting of variances as it deems necessary
to further the purposes of this Chapter.
F.
Conditions For 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, providing Subsections (F)(2) through (F)(6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical jurisdiction 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 or the State inventory of historic places
without regard to the procedures set forth in the remainder of this
Section.
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.
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 ($25.00) for one
hundred dollars ($100.00) of insurance coverage; and
b.
Such construction below the required
freeboard or below the base flood level increases risks to life and
property. Such notification shall be maintained with the record of
all variance actions as required by this Section.
