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City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 4181 §1, 12-15-2014]
The Board of Adjustment as established by the City of Berkeley shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
[Ord. No. 4181 §1, 12-15-2014]
A. 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Public Works Director, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Article V, Section 410.200.
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 Public Works Director in the enforcement or administration of this Chapter.
[Ord. No. 4181 §1, 12-15-2014]
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 Section 89.110, RSMo.
[Ord. No. 4181 §1, 12-15-2014]
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 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.
[Ord. No. 4181 §1, 12-15-2014]
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 provisions of 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 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, 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 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 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. 4181 §1, 12-15-2014]
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 in Article V, Sections 410.230 and 410.240 of this Chapter.
B. 
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-floodproofed.
1. 
Use of the accessory structures must be solely for parking and limited storage purposes in flood-prone areas only.
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 highest adjacent grade, must be built with flood-resistant materials in accordance with Article IV, 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 IV, 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 highest adjacent grade 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 410.150(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 one-hundred-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with the NFIP regulations.
6. 
Equipment, machinery, or other contents must be protected from any flood damage.
7. 
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.
8. 
A community shall notify the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below highest adjacent grade 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 such construction below highest adjacent grade increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.
9. 
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.