[Ord. No. 60.3d, 2-10-2015; Ord. No. 18-007, 3-6-2019]
The Board of Aldermen as established by the City of Edgerton shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
[Ord. No. 60.3d, 2-10-2015; Ord. No. 18-007, 3-6-2019]
A. 
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Superintendent of Public Works, the applicant may apply for such floodplain development permit or variance directly to the Board of Aldermen, as defined in Article V, Section 415.200.
B. 
The Board of Aldermen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Superintendent of Public Works in the enforcement or administration of this Chapter.
[Ord. No. 60.3d, 2-10-2015; Ord. No. 18-007, 3-6-2019]
Any person aggrieved by the decision of the Board of Aldermen or any taxpayer may appeal such decision to the Platte County Circuit Court as provided in Section 89.110, RSMo.
[Ord. No. 60.3d, 2-10-2015; Ord. No. 18-007, 3-6-2019]
A. 
In passing upon such applications for variances, the Board of Aldermen 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.
[Ord. No. 60.3d, 2-10-2015; Ord. No. 18-007, 3-6-2019]
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 showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 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 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.