[CC 1985 § 7-281; Ord. No. 8088 Art. 5 § A, 12-17-2012]
The Board of Adjustment
of the City of Marshall, Missouri, shall hear and decide appeals and
requests for variances from the floodplain management requirements
of this Chapter.
[CC 1985 § 7-282; Ord. No. 8088 Art. 5 § B, 12-17-2012]
A. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Building Official, the applicant may apply for such floodplain development permit or variance directly to the appeal board, as defined in Section
420.240.
B. The Board of Adjustment of the City of Marshall, Missouri,
shall hear and decide appeals when it is alleged that there is an
error in any requirement, decision, or determination made by the Building
Official in the enforcement or administration of this Chapter.
[CC 1985 § 7-283; Ord. No. 8088 Art. 5 § C, 12-17-2012]
Any person or any taxpayer, aggrieved by the decision of the
Board of Adjustment of the City of Marshall, Missouri, may appeal
such decision to the Saline County Circuit Court as provided in Section
89.110, RSMo.
[CC 1985 § 7-284; Ord. No. 8088 Art. 5 § D, 12-17-2012]
A. In passing upon such applications for variances, the Board
of Adjustment of the City of Marshall, Missouri, 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.
[CC 1985 § 7-285; Ord. No. 8088 Art. 5 § E, 12-17-2012]
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) 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.
F. A community shall notify the applicant in writing over
the signature of a community official 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.
[CC 1985 § 7-286; Ord. No. 8088 Art. 5 § F, 12-17-2012]
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 Sections
420.270 and
420.280.
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 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 floodplain exists
for the agricultural structure. Residential structures, such as farm
houses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to
agricultural purposes in flood-prone areas only.
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 highest adjacent grade, must be built with flood-resistant materials in accordance with Section
420.190(D)(2).
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Section
420.190(D)(1). 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 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 Section
420.190(D)(4).
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 the NFIP regulations.
7.
Major 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 agricultural structures.
9.
A community shall notify the applicant in writing
over the signature of a community official that: (1) 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 (2) 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.
10.
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.
[CC 1985 § 7-287; Ord. No. 8088 Art. 5 § G, 12-17-2012]
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 Sections
420.270 and
420.280.
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 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 Section
420.190(D)(2).
3.
The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Section
420.190(D)(1). 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 Section
420.190(D)(4).
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 Section
420.200(A)(3).
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section
420.220(A)(2). 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.
A community shall notify the applicant in writing
over the signature of a community official 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.
10.
Wet-floodproofing construction techniques must
be reviewed and approved by the community and by a registered professional
engineer or architect prior to the issuance of any floodplain development
permit for construction.