The Board of Adjustment as established by the City of Wright
City shall hear and decide appeals and requests for variances from
the floodplain management requirements of this Chapter.
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 415.210.
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.
Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the Board of Adjustment to the Warren County Circuit Court as provided in Chapter 400 of this Code and Section 89.110, RSMo.
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 floodwaters, 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.
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. Such notification shall be maintained with the
record of all variance actions as required by this Chapter.
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.