[R.O. 2009 §11-21; Ord. No. 2878, 5-26-1999]
The Board of Adjustment as established by the City of Festus
shall hear and decide appeals and requests for variances from the
flood plain management requirements of this Chapter.
[R.O. 2009 §11-22; Ord. No. 2878, 5-26-1999]
A.
Where an application for a flood plain development permit or request for a variance from the flood plain management regulations is denied by the Flood Plain Administrator, the applicant may apply for such flood plain development permit or variance directly to the Appeal Board as defined in Section 415.200.
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 Flood Plain Administrator in the enforcement or administration
of this Chapter.
[R.O. 2009 §11-23; Ord. No. 2878, 5-26-1999]
Any person aggrieved by the decision of the Board of Adjustment
or any taxpayer may appeal such decision to the Circuit Court as provided
in Section 89.110, RSMo.
[R.O. 2009 §11-24; Ord. No. 2878, 5-26-1999]
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 flood
plain 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.
[R.O. 2009 §11-25; Ord. No. 2878, 5-26-1999]
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) 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 (½) 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:
1.
A showing
of good and sufficient cause,
2.
A determination
that failure to grant the variance would result in exceptional hardship
to the applicant, and
3.
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 Chapters.
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 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
2.
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.
[R.O. 2009 §11-26; Ord. No. 2878, 5-26-1999]
B.
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 Section 415.150(D)(2).
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 415.150(D)(1). 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 water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 415.150(D)(4).
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 Section
415.160(3).
6.
The
accessory structures must comply with the flood plain management floodway
encroachment provisions of Section 415.180(2). 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:
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.
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 flood plain development permit for construction.
