[Ord. No. 1782 §1, 11-18-2015]
The Board of Adjustment, as established by the City of Dardenne Prairie, Missouri, shall hear and decide appeals and requests for variances under this Chapter, pursuant to the terms of this Article IV.
[Ord. No. 1782 §1, 11-18-2015]
A.
In hearing and deciding appeals and requests for variances under
this Chapter, the Board of Adjustment has the following responsibilities:
1.
Where an application for a floodplain development permit is
denied by the Floodplain Administrator, the applicant may appeal the
denial of such floodplain development permit directly to the Board
of Adjustment.
2.
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 Floodplain Administrator in the enforcement
or administration of this Chapter.
3.
The Board of Adjustment shall hear and decide requests for variances
from the requirements of this Chapter.
[Ord. No. 1782 §1, 11-18-2015]
Any person aggrieved by the decision of the Board of Adjustment
may appeal the decision of the Board of Adjustment to the Circuit
Court of the County of St. Charles as provided in Section 89.110,
RSMo.
[Ord. No. 1782 §1, 11-18-2015]
A.
In passing upon applications for variances from the provisions of
this Chapter, 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 structure 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 structure
to the City;
5.
The necessity to the structure 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 requirements applicable to the property;
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 property;
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. 1782 §1, 11-18-2015]
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 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, 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:
2.
A showing of good and sufficient cause;
3.
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
4.
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.
The City shall notify the applicant in writing, over the signature
of the Floodplain Administrator, 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. 1782 §1, 11-18-2015]
A.
A decision to grant any variance for an accessory structure shall be decided individually based on a case-by-case analysis of the accessory structure's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article IV, Sections 415.190 and 415.200 of this Chapter.
B.
In order to minimize flood damages and the threat to public health
and safety during the one-percent flood, the following conditions
shall be included in any variance issued for accessory structures
that are constructed at grade and floodproofed:
1.
Use of the accessory structure must be solely for parking and
limited storage purposes in Zone A only as identified on the City's
FIRM.
2.
For any new or substantially damaged accessory structure, 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 III, Section 415.110(E)(2) of this Chapter.
3.
The accessory structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article III, Section 415.110(E)(1) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy, 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 III, Section 415.110(E)(4) of this Chapter.
5.
The accessory structure must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one-percent flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article III, Section 415.120(A)(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article III, Section 415.140(A)(2) 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 one-percent 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.
The City shall notify the applicant in writing over the signature
of the Floodplain Administrator 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 Floodplain Administrator and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
[Ord. No. 1782 §1, 11-18-2015]
A.
A decision to grant any variance for an agricultural structure shall be decided individually based on a case-by-case analysis of the agricultural structure's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article IV, Sections 415.190 and 415.200 of this Chapter.
B.
In order to minimize flood damages during the one-percent flood and
the threat to public health and safety, the following conditions shall
be included for any variance issued for agricultural structures that
are constructed at grade and floodproofed:
1.
All agricultural structures considered for a variance from the
floodplain management regulations of this Chapter shall demonstrate
that the varied structure is located in wide, expansive floodplain
areas and no other alternate location outside of the floodplain exists
for the agricultural structure. Residential structures, such as farmhouses,
cannot be considered agricultural structures.
2.
Use of agricultural structures must be limited to agricultural
purposes in Zone A only as identified on the City's FIRM.
3.
For any new or substantially damaged agricultural structure, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below base flood elevation must be built with flood-resistant materials in accordance with Article III, Section 415.110(E)(2) of this Chapter.
4.
The agricultural structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article III, Section 415.110(E)(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.
5.
Any mechanical, electrical, or other utility equipment must be located above 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 III, Section 415.110(E)(4) of this Chapter.
6.
The agricultural structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one-percent flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article III, Section 415.120(A)(3) of this Chapter.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article III, Section 415.140(A)(2) of this Chapter. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one-percent flood.
8.
Equipment, machinery, or other contents must be protected from
any flood damage.
9.
No disaster relief assistance under any program administered
by any Federal agency shall be paid for any repair or restoration
costs of the agricultural structure.
10.
The City shall notify the applicant in writing over the signature
of the Floodplain Administrator 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.
11.
Wet-floodproofing construction techniques must be reviewed and
approved by the Floodplain Administrator and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
