The
Board of Aldermen as established by the City of Northmoor, Missouri,
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Chapter.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Mayor and City Clerk the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Section 410.140, Subsection A.
The
Board of Aldermen shall hear and decide appeals when it is alleged
that there is an error in any requirements, decision, or determination
made by the Mayor and City Clerk in the enforcement or administration
of this Chapter.
Any
person aggrieved by the decision of the Board of Aldermen or any taxpayer
may appeal such decision to the Circuit Court as provided in Section
89.110, RSMo.
In
passing upon such applications for variances, the Board of Aldermen
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Chapter, and the following
criteria:
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.
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 (2) through (6) 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.
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.
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.
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
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 Section 410.140(E) 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.
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).
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 410.150, Subsection (D)(2) of this Chapter.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section 410.150, Subsection (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.
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 Section 410.150, Subsection (D)(4) of this Chapter.
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 410.160, Subsection (3) of this Chapter.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 410.160, Subsection (4)(b) 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.
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.
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 $25.00 for $100.00 of insurance coverage, and
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.