[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 the Village Board of Trustees is hearing an appeal or a
request for variance, it shall cause a record to be made of the proceedings,
either by a certified court reporter or by an audio or audio-visual
recording device.
[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.
