[Ord. No. 18.14, 4-5-2018]
The Board of Adjustment as established by the City of Osage
Beach shall hear and decide appeals and requests for variances from
the floodplain management requirements of this Chapter.
[Ord. No. 18.14, 4-5-2018]
A. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Public Works Director, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Article
VI, Section
415.210.
B. 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 Public Works Director in the enforcement or administration
of this Chapter.
[Ord. No. 18.14, 4-5-2018]
Any person aggrieved by the decision of the Board of Adjustment
or any taxpayer may appeal such decision to the Camden County Circuit
Court as provided in Section 89.110, RSMo.
[Ord. No. 18.14, 4-5-2018]
A. 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 community;
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 flood waters, 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.
[Ord. No. 18.14, 4-5-2018]
A. Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, 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 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 ordinances.
F. 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 elevation 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 (2) such construction below the base flood elevation increases
risks to life and property. Such notification shall be maintained
with the record of all variance actions as required by this Chapter.
[Ord. No. 18.14, 4-5-2018]
A. Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article
VI, Sections
415.240 and
415.250 of this Chapter.
In order to minimize flood damages during the 100-year flood
and the threat to public health and safety, the following conditions
shall be included for any variance issued for accessory structures
that are constructed at-grade and wet-floodproofed.
1.
Use of the accessory structures must be solely for parking and
limited storage purposes in Zone A only as identified on the community's
Flood Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Article
V, Section
415.160(D)(2) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article
V, Section
415.160(D)(1) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article
V, Section
415.160(D)(4) of this Chapter.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article
V, Section
415.170(A)(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article
V, Section
415.190 of this Chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from
any flood damage.
8.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the accessory structures.
9.
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 elevation 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 (2) such construction below the base flood
elevation increases risks to life and property. Such notification
shall be maintained with the record of all variance actions as required
by this Chapter.
10.
Wet-floodproofing construction techniques must be reviewed and
approved by the community and registered professional engineer or
architect prior to the issuance of any floodplain development permit
for construction.
[Ord. No. 18.14, 4-5-2018]
A. Any variance granted for a temporary structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article
VI, Sections
415.240 and
415.250 of this Chapter.
1.
A temporary structure may be considered for location within
the 100-year floodplain only when all of the following criteria are
met:
a.
Use of the temporary structure is unique to the land to be developed
and cannot be located outside of the floodplain nor meet the NFIP
design standards;
b.
Denial of the temporary structure permit will create an undue
hardship on the property owner;
c.
The community has adopted up-to-date NFIP and building regulations
to direct placement and removal of the temporary structure; and,
d.
The community has sufficient staff to monitor the placement,
use, and removal of the temporary structure throughout the duration
of the permit.
2.
Once all of the above conditions are met, an application for
a special use permit must be made to the City of Osage Beach. The
City of Osage Beach shall consider all applications for special use
permits for a temporary structure based on the following criteria:
a.
The placement of any temporary structure within the special
flood hazard areas as shown on the community's adopted Federal
Emergency Management Agency/National Flood Insurance Program map shall
require an approved special use permit. The special use permit shall
be valid for a period not to exceed one hundred eighty (180) days.
b.
Special use permits applications, for a temporary structure
to be located in special flood hazard areas, shall conform to the
standard public hearing process prior to any community action on the
permit request.
c.
An emergency plan for the removal of the temporary structure
that includes specific removal criteria and time frames from the agency
or firm responsible for providing the manpower, equipment, and the
relocation and disconnection of all utilities shall be required as
part of the special use permit application for the placement of any
temporary structure.
d.
On or before the expiration of the end of the one hundred eighty
(180) day special use permit period, the temporary structure shall
be removed from the site. All utilities, including water, sewer, communication,
and electrical services shall be disconnected.
e.
To ensure the continuous mobility of the temporary structure
for the duration of the permit, the temporary structure shall retain
its wheels and tires, licenses, and towing appurtenance on the structures
at all times.
f.
Under emergency flooding conditions, the temporary structure
shall be removed immediately or as directed by the community and as
specified in the emergency removal plan.
g.
Location of any temporary structure within any defined floodway,
as determined from data available from other sources, requires the
provision of a "no-rise" certificate by a registered professional
engineer.
h.
Violation of or non-compliance with any of the stated conditions
of the special use permit during the term thereof, shall make the
permit subject to revocation by resolution of the governing body of
the community. Issuance of permit revocation notice shall be made
to the landowner, the occupant of the land, and to the general public.
i.
Any deviation from the approved site plan shall be deemed a
violation of the special use permit approval and the uses allowed
shall automatically be revoked. The subsequent use of the land shall
be as it was prior to the special permit approval. In event of any
violation, all permitted special uses shall be deemed a violation
of this Chapter and shall be illegal, non-conforming uses and shall
be summarily removed and abated.
j.
If the temporary structure is to be returned to its previously
occupied site, the process for issuing a special use permit must be
repeated in full. Any subsequent permit shall be valid for one hundred
eighty (180) days only.