[R.O. 2004 § 420.200; Ord. No.
15-14 § 2, 12-8-2015]
The Board of Adjustment as established by the City of Weldon
Spring shall hear and decide appeals and requests for variances from
the floodplain management requirements of this Chapter.
[R.O. 2004 § 420.210; Ord. No.
15-14 § 2, 12-8-2015]
A. 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
420.200.
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 City Engineer in the enforcement or administration of
this Chapter.
[R.O. 2004 § 420.220; Ord. No.
15-14 § 2, 12-8-2015]
Any person aggrieved by the decision of the Board of Adjustment
or any taxpayer may appeal such decision to the St. Charles County
Circuit Court as provided in Section 89.110, RSMo.
[R.O. 2004 § 420.230; Ord. No.
15-14 § 2, 12-8-2015]
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.
[R.O. 2004 § 420.240; Ord. No.
15-14 § 2, 12-8-2015]
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 items in 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 structures' 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. The City of Weldon Spring shall notify the applicant in writing over
the signature of the Floodplain Administrator 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.
[R.O. 2004 § 420.250; Ord. No.
15-14 § 2, 12-8-2015]
A. 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
420.230 and
420.240, of this Chapter.
B. 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 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 community'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
420.150(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, 420.150(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.
5.
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
IV, Section
420.150(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 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article
IV, Section
420.160(A)(3), of this Chapter.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article
IV, Section
420.180(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.
The City of Weldon Spring shall notify the applicant in writing
over the signature of the Floodplain Administrator 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.
11.
Wet-floodproofing construction techniques must be reviewed and
approved by the City of Weldon Spring and a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
[R.O. 2004 § 420.260; Ord. No.
15-14 § 2, 12-8-2015]
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
420.230 and
420.240, of this Chapter.
B. In order to minimize flood damages during the 100-year 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
IV, Section
420.150(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
420.150(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 watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article
IV, Section
420.150(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, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article
IV, Section
420.160(A)(3), of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article
IV, Section
420.180(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 100-year.
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 of Weldon Spring shall notify the applicant in writing
over the signature of the Floodplain Administrator 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.
10.
Wet-floodproofing construction techniques must be reviewed and
approved by the City of Weldon Spring and registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.
[R.O. 2004 § 420.270; Ord. No.
15-14 § 2, 12-8-2015]
A. Any variance granted for a temporary 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
420.230 and
420.240, of this Chapter.
1.
A temporary structure may be considered for location within
flood-prone areas only when all of the following criteria are met:
a.
Use of the temporary structure is unique to the land to be developed
and cannot be located outside of the floodplain nor meet the NFIP
design standards;
b.
Denial of the temporary structure permit will create an undue
hardship on the property owner;
c.
The City of Weldon Spring has adopted up-to-date NFIP and building
regulations to direct placement and removal of the temporary structure;
and
d.
The City of Weldon Spring has sufficient staff to monitor the
placement, use, and removal of the temporary structure throughout
the duration of the permit.
2.
Once all of the above conditions are met, an application for
a conditional use permit must be made to the City of Weldon Spring.
The City of Weldon Spring shall consider all applications for special
use permits for a temporary structure based on the following criteria:
a.
The placement of any temporary structure within flood-prone
areas shall require an approved special use permit. The conditional
use permit shall be valid for a period not to exceed one hundred eighty
(180) days.
b.
Conditional use permit applications, for a temporary structure
to be located in flood-prone areas, shall conform to the standard
public hearing process prior to any community action on the permit
request.
c.
An emergency plan for the removal of the temporary structure
that includes specific removal criteria and time frames from the agency
or firm responsible for providing the manpower, equipment, and the
relocation and disconnection of all utilities shall be required as
part of the conditional use permit application for the placement of
any temporary structure.
d.
On or before the expiration of the end of the one-hundred-eighty-day
special use permit period, the temporary structure shall be removed
from the site. All utilities, including water, sewer, communication,
and electrical services shall be disconnected.
e.
To ensure the continuous mobility of the temporary structure
for the duration of the permit, the temporary structure shall retain
its wheels and tires, licenses, and towing appurtenances on the structures
at all times.
f.
Under emergency flooding conditions, the temporary structure
shall be removed immediately or as directed by the community and as
specified in the emergency removal plan.
g.
Violation of or non-compliance with any of the stated conditions
of the conditional use permit during the term thereof shall make the
permit subject to revocation by resolution of the Governing Body of
the City of Weldon Spring. Issuance of permit revocation notice shall
be made to the landowner, the occupant of the land, and to the general
public.
h.
Any deviation from the approved site plan shall be deemed a
violation of the conditional use permit approval, and the uses allowed
shall automatically be revoked. The subsequent use of the land shall
be as it was prior to the conditional permit approval. In the event
of any violation, all permitted conditional uses shall be deemed a
violation of this Chapter and shall be illegal, non-conforming uses
and shall be summarily removed and abated.
i.
If the temporary structure is to be returned to its previously
occupied site, the process for issuing a conditional use permit must
be repeated in full. Any subsequent permit shall be valid for one
hundred eighty (180) days only.