[Ord. No. 94, 12-7-2004]
The Village Board of Trustees shall act as an appeal board to hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
[Ord. No. 94, 12-7-2004]
When an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Board of Trustees (acting as the appeal board). Also the Board 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.
[Ord. No. 94, 12-7-2004]
Any person aggrieved by the decision of the Board of Trustees when acting as the appeal board under this Chapter or any taxpayer may further appeal such decision to the Circuit Court of Callaway County as provided in Chapter 536, RSMo.
[Ord. No. 94, 12-7-2004]
A. 
Any request for variance from the terms of this Chapter may be made by an application to the Board of Trustees acting as the appeal board. In passing upon such application for variance, the Board 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, if applicable;
6. 
The available 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 any comprehensive plan and floodplain management program for the area;
9. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. 
The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters that might be expected at the site; and
11. 
The costs of providing governmental services during and after flood conditions, including maintenance and repairs of public utilities and facilities such as sewer, gas, electrical and water systems; streets; and bridges.
[Ord. No. 94, 12-7-2004]
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 Subsection (A)(1) through (5) 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.
1. 
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 only upon a determination that the proposed activity will not preclude the structure's continued historic designation.
2. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. 
Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard to afford relief.
4. 
Variances shall only be issued upon:
a. 
A showing by the applicant of good and sufficient cause;
b. 
A determination by the Board 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 or victimization of the public, or conflict with existing local laws or ordinances.
5. 
As part of the variance process, the Board shall notify the applicant in writing over the signature of a Village 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. A copy of such notification shall be maintained with the record of all variance actions as required for this Chapter.