[Ord. No. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
The Board of Adjustment as established by the City of Manchester
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Chapter.
[Ord. No. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
A. Where an application for a floodplain development permit or request
for a variance from the floodplain management regulations is denied
by the City Engineer, the applicant may apply for such floodplain
development permit or variance directly to the Board of Adjustment,
as defined herein.
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 City Engineer in the enforcement or administration of
this Chapter.
[Ord. No. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
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 RSMo. Section 89.110.
[Ord. No. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
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:
A. The danger to life and property due to flood damage;
B. The danger that materials may be swept onto other lands to the injury
of others;
C. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility
to the community;
E. The necessity to the facility of a waterfront location, where applicable;
F. The availability of alternative locations, not subject to flood damage,
for the proposed use;
G. The compatibility of the proposed use with existing and anticipated
development;
H. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
I. The safety of access to the property in times of flood for ordinary
and emergency vehicles;
J. The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
K. 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. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
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 level, provided that the items in Subsection
(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 a local inventory
of historic places upon a determination that 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, or
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.
[Ord. No. 99-1145 Art. 8, 9-20-1999; Ord. No. 00-1177 §1, 3-6-2000; Ord.
No. 14-2091 §1, 11-3-2014]
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 herein.
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 this Chapter.
3.
The accessory structures must be adequately anchored to prevent
flotation, collapse, or lateral movement of the structure in accordance
with 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
it is contained within a watertight, floodproofed enclosure that is
capable of resisting damage during flood conditions in accordance
with 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 this Chapter.
6.
The accessory structures must comply with the floodplain management
floodway encroachment provisions 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 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.
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.