[Ord. No. 21-022, 12-14-2021]
The Board of Trustees as established by the City of Versailles
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Chapter.
[Ord. No. 21-022, 12-14-2021]
A.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the Appeal Board, as defined in Article V, Section 415.180.
B.
The Appeal 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. 21-022, 12-14-2021]
Any person aggrieved by the decision of the Appeal Board or
any taxpayer may appeal such decision to Morgan County Circuit Court
as provided in Section 89.020, RSMo.
[Ord. No. 21-022, 12-14-2021]
A.
In passing upon such applications for variances, the Appeal Board
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Chapter, and the following
criteria:
1.
Danger to life and property due to flood damage;
2.
Danger that materials may be swept onto other lands to the injury
of others;
3.
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner;
4.
Importance of the services provided by the proposed facility
to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations, not subject to flood
damage, for the proposed use;
7.
Compatibility of the proposed use with existing and anticipated
development;
8.
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
9.
Safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters, if applicable, expected at the site;
and
11.
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. 21-022, 12-14-2021]
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 repair or rehabilitation 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 and the variance is the minimum necessary
to preserve the historic character and design of the structure.
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.
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.
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Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
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G.
A community shall maintain a record of all variance actions, including
justification for their issuance.
H.
Variances may be issued by a community for new construction and substantial-improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of Subsections (A) through (E) of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
[Ord. No. 21-022, 12-14-2021]
A.
Any permit granted for an accessory structure shall be decided individually
based on a case by case analysis of the building's unique circumstances.
Permits shall meet the following conditions.
In order to minimize flood damages during the one percent (1%)
annual chance flood event, also referred to as the 100-year flood
and the threat to public health and safety, the following conditions
shall be required for any permit 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 any special flood hazard area 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 415.140(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 415.140(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 415.140(D) of this Chapter.
5.
The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Article IV, Section 415.150(A)(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 415.140(D)(2) of this Chapter. No permits may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-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.
Wet-floodproofing construction techniques must be reviewed and
approved by the community. The community may request approval by a
registered professional engineer or architect prior to the issuance
of any floodplain development permit for construction. Cost for any
required professional certification to be paid by the developer.
