[R.O. 2009 §8-81; Ord. No. 1077 §1, 12-28-2004]
The Board of Adjustment as established by City of Cool Valley
shall hear and decide appeals and requests for variances from the
flood plain management requirements of this Chapter.
[R.O. 2009 §8-82; Ord. No. 1077 §1, 12-28-2004]
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 Board of Adjustment as defined in Section 410.210.
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 Flood Plain Administrator in the enforcement or administration
of this Chapter.
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, any neighborhood organization
as defined in Section 32.105, RSMo., representing such person or persons
or any officer, department, board or bureau of the municipality, may
present to the Circuit Court of the County or City in which the property
affected is located a petition, duly verified, setting forth that
such decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the Court within
thirty (30) days after the filing of the decision in the office of
the Board. Upon the presentation of such petition the Court may allow
a writ of certiorari directed to the Board of Adjustment to review
such decision of the Board of Adjustment and shall prescribe therein
the time within which a return thereto must be made and served upon
the relator's attorney, which shall not be less than ten (10) days
and may be extended by the Court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the Court
may, on application, on notice to the Board and on due cause shown,
grant a restraining order. The Board of Adjustment shall not be required
to return the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or of such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other facts as may be pertinent and material to show the
grounds of the decision appealed from and shall be verified. If, upon
the hearing, it shall appear to the Court that testimony is necessary
for the proper disposition of the matter, it may take additional evidence
or appoint a referee to take such evidence as it may direct and report
the same to the Court with his/her findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which
a determination of the Court shall be made. The Court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review. Costs shall not be allowed against the Board unless it
shall appear to the Court that it acted with gross negligence, or
in bad faith, or with malice in making the decision appealed from.
All issues in any proceedings under Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
[R.O. 2009 §8-84; Ord. No. 1077 §1, 12-28-2004]
A.
In
passing upon such applications for variances, the Zoning Board 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 §8-85; Ord. No. 1077 §1, 12-28-2004]
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) 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
shall not 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
hall 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 §8-86; Ord. No. 1077 §1, 12-28-2004]
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 410.160(D)(2).
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 410.160(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 410.160(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
410.170(3).
6.
The accessory structures must comply with the flood plain management floodway encroachment provisions of Section 410.160(F). 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.
