[Ord. No. 15-08-02 Art. V § A, 8-13-2015]
The Board of Aldermen, as established by the
City of Salisbury, shall hear and decide appeals and requests for
variances from the floodplain management requirements of this Chapter.
[Ord. No. 15-08-02 Art. V § B, 8-13-2015]
A. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Mayor, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Article
V, Section
410.180.
B. The Board of Aldermen shall hear and decide appeals
when it is alleged that there is an error in any requirement, decision,
or determination made by the Mayor in the enforcement or administration
of this Chapter.
[Ord. No. 15-08-02 Art. V § C, 8-13-2015]
Any person aggrieved by the decision of the
Board of Aldermen or any taxpayer may appeal such decision to the
Chariton County Circuit Court as provided in 89.110, RSMo.
[Ord. No. 15-08-02 Art. V § D, 8-13-2015]
A. In passing upon such applications for variances, the
Board of Aldermen 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. 15-08-02 Art. V § E, 8-13-2015]
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, 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 a showing of good
and sufficient cause, a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and 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. 15-08-02 Art. V § F, 8-13-2015]
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
410.210 and
410.220 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 the highest adjacent grade must be built with flood-resistant materials in accordance with Article
IV, Section
410.140(C)(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
410.140(C)(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 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
410.140(C)(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 the 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 the 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 a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.