[Ord. No. 262 Art.
V §A, 12-27-2004]
The Board of Adjustments, with the advice of the City Attorney,
as established by the Board of Aldermen, shall hear and decide appeals
and requests for variances from the floodplain management requirements
of this Chapter.
[Ord. No. 262 Art.
V §B, 12-27-2004]
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the City Administrator, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Article
V, Section
410.180. 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 Administrator in the enforcement or administration of this Chapter.
[Ord. No. 262 Art.
V §C, 12-27-2004]
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.
[Ord. No. 262 Art.
V §D, 12-27-2004]
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 flood waters, 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.
[Ord. No. 262 Art.
V §E, 12-27-2004]
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, providing Subsections
(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 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.
[Ord. No. 262 Art.
V §F, 12-27-2004]
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 in Sections
410.210 and
410.220 of this Article. In order to minimize flood damages during the one-hundred-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-flood-proofed:
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 Article
IV, Section
410.140(C)(2).
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article
IV, Section
410.140(C)(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 watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article
IV, Section
410.140(C)(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 one-hundred-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article
IV, Section
410.150(B)(2).
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article
IV, Section
410.150(B)(2). No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the one-hundred-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 ($25.00) dollars 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-flood-proofing construction techniques must be reviews and
approved by the community and registered professional engineer or
architect prior to the issuance of any floodplain development permit
for construction.