[R.O. 2012 §410.140; Ord. No. 912 Art. VII, 2-17-2005]
A. The
Board of Adjustment as established by the Village of Hanley Hills
shall hear and decide appeals and requests for variances from the
requirements of this Chapter. Where an application for a floodplain
development permit or request for a variance from the management regulations
is denied by the Code Enforcement Official or Public Works Commissioner,
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 requirements, decision or determination
made by the Code Enforcement Officer in the enforcement or administration
of this Chapter.
C. Any
person aggrieved by the decision of the Board of Adjustment or any
taxpayer may appeal such decision to the Circuit Court of St. Louis
County, Missouri, as provided in Section 89.110, RSMo.
D. In
passing upon such applications, 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 that materials may be swept onto other lands to the injury
of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of a 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 flooding
or erosion 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 and the effects of wave action, 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, and
streets and bridges.
E. Conditions For Variances.
1. 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, provided in 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.
2. Variances may be issued for the reconstruction or 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 a determination that the proposed activity
will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
c. 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.
6. 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) or one hundred
dollars ($100.00) of insurance coverage; and
b. Such construction below the base flood level increases risks to life
and property.
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Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
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F. Conditions For Approving Variances For Accessory Structures. 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 Article
V, Section
410.140(D) and
(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.
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
V, Section
410.150(D)(2) of this Chapter.
3. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article
V, Section
410.150(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.
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 Article
V, Section
410.150(D)(4) of 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 Article
V, Section 410.170(3) of this Chapter.
6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article
V, Section 410.170(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.
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.
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Such notification shall be maintained with the record of all
variance actions as required by this Section.
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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.