[R.O. 2011 §15.16.200; Ord. No. 6495 §1(part), 2004]
The Board of Adjustment shall serve as the Appeal Board for
purposes of this Chapter. The Board of Adjustment shall hear and decide
appeals and requests for variances from the floodplain management
requirements of this Chapter.
[R.O. 2011 §15.16.210; Ord. No. 6495 §1(part), 2004]
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 Board of Adjustment.
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 Floodplain Administrator in the enforcement or administration
of this Chapter.
[R.O. 2011 §15.16.220; Ord. No. 6495 §1(part), 2004; Ord. No. 6977 §§1 — 2, 1-26-2015]
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.
[R.O. 2011 §15.16.230; Ord. No. 6495 §1(part), 2004]
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 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. 2011 §15.16.240; Ord. No. 6495 §1(part), 2004]
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) of this Section 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 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
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.