[R.O. 1992 § 415.105; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The Board of Adjustment as established
by the City of Washington shall hear and decide appeals and requests
for variances from the floodplain management requirements of this
Chapter.
[R.O. 1992 § 415.110; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Application To Board Of Adjustment. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the City Engineer, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment as defined in Article
V, Section
415.105.
B. Board Of Adjustment To Hear And Decide
Appeals. 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 Engineer in the enforcement or administration
of this Chapter.
[R.O. 1992 § 415.115; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Any person aggrieved by the decision
of the Board of Adjustment or any taxpayer may appeal such decision
to the Circuit Court of Franklin County as provided in Section 89.110,
RSMo.
[R.O. 1992 § 415.120; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Appeal Review Criteria. 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 City;
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.
[R.O. 1992 § 415.125; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Conditions For Approval.
1.
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 Subsection
(A)(2) through
(6) 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.
2.
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.
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.
Notifications.
a.
The City shall notify the applicant
in writing over the signature of the City Engineer 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.
b.
Such notification shall be maintained
with the record of all variance actions as required by this Chapter.
[R.O. 1992 § 415.130; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Decided Individually. Any variance granted for an agricultural 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
415.120 and
415.125, of this Chapter.
B. Conditions. 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 agricultural structures that are constructed
at-grade and wet-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 special flood hazard area exists for the agricultural structure.
Residential structures, such as farmhouses, cannot be considered agricultural
structures.
2.
Use of the varied structures must
be limited to agricultural purposes in Zone A only as identified on
the City's Flood Insurance Rate Map (FIRM).
3.
For any new or substantially damaged agricultural 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
415.080(D)(2), of this Chapter.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Article
IV, Section
415.080(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.
5.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article
IV, Section
415.080(D)(4), of this Chapter.
6.
The agricultural 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
415.085(A)(4), of this Chapter.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article
IV, Section
415.095(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-hundred-year flood.
8.
Major 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 structures.
10.
Notifications.
a.
The City shall notify the applicant
in writing over the signature of the City Engineer 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.
b.
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 City Engineer and a registered
professional engineer or architect prior to the issuance of any floodplain
development permit for construction.
[R.O. 1992 § 415.135; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Decided Individually. 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
415.120 and
415.125, of this Chapter.
B. Conditions. 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 Zone A only
as identified on the City'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
415.080(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
415.080(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 it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article
IV, Section
415.080(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 Article
IV, Section
415.085(A)(4), of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article
IV, Section
415.095(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-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.
Notifications.
a.
The City shall notify the applicant
in writing over the signature of the City Engineer 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.
b.
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 City Engineer and registered
professional engineer or architect prior to the issuance of any floodplain
development permit for construction.