[R.O. 1992 § 415.220; Ord. No.
2409-11 § 1, 6-21-2011; Ord. No. 2686-18, 1-16-2018]
The Zoning Board of Adjustment shall hear and decide all other
appeals and requests for variances from the floodplain management
requirements of this Chapter.
[R.O. 1992 § 415.230; Ord. No.
2409-11 § 1, 6-21-2011; Ord. No. 2686-18, 1-16-2018]
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 Zoning Board of Adjustment as defined in Article VI, Section 415.220.
B.
The Zoning Board of Adjustment 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.
[R.O. 1992 § 415.240; Ord. No.
2409-11 § 1, 6-21-2011; Ord. No. 2686-18, 1-16-2018]
Any person or taxpayer aggrieved by the decision of the Zoning
Board of Adjustment may appeal such decision to the Camden County
Circuit Court as provided in Section 89.110, RSMo.
[R.O. 1992 § 415.250; Ord. No.
2409-11 § 1, 6-21-2011]
A.
In passing upon such applications for variances, the Zoning Board
of Adjustment shall consider all technical data and elevations, all
relevant factors, standards specified in other Sections of this Chapter,
and the following criteria:
[Ord. No. 2686-18, 1-16-2018]
1.
The danger to life and property due to flooding or erosion 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, were
applicable;
6.
The availability of alternative locations, not subject to flooding
or erosion 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, and the effects of wave action, 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.
[R.O. 1992 § 415.260; Ord. No.
2409-11 § 1, 6-21-2011]
A.
Generally, variances may be issued for new construction and substantial improvements to be conducted 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.
[Ord. No. 2686-18, 1-16-2018]
C.
Variances shall not be issued within any designated floodway if any
significant increase in flood discharge would result.
D.
Variances shall not 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 laws or ordinances.
4.
The Floodplain Administrator shall notify the applicant for
such variance approval in writing and inform the applicant that:
a.
Construction below the base flood elevation will result in increased
premium rates for flood insurance (up to twenty-five dollars ($25.00)
per one hundred dollars ($100.00) coverage), and
b.
Such construction increases the risks to life and property.
c.
Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
[R.O. 1992 § 415.270; Ord. No.
2409-11 § 1, 6-21-2011]
A.
Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Such variances shall meet the following conditions, as well as those criteria and conditions set forth in Article VI, Sections 415.250 and 415.260 of this Chapter.
B.
In order to minimize flood damages during the one-hundred-year flood
and the threat to public health and safety, the following conditions
shall be included for any variance issued for accessory structures
that are constructed at-grade and wet-floodproofed.
[Ord. No. 2686-18, 1-16-2018]
1.
Use of the accessory structures must be solely for parking and
limited storage purposes in Zone A only 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 elevations must be built with flood-resistant materials in accordance with Article V, Section 415.160(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 V, Section 415.160(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 V, Section 415.160(D)(4) of this Chapter.
5.
The accessory structure must meet all NFIP opening requirements. NFIP requires that enclosure or foundation walls, subject to the one-hundred-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 415.170(A)(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 415.170(B)(2) of this Chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the one-hundred-year flood.
7.
Equipment, machinery, or other contents must be protected from
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.
The Floodplain Administrator shall notify the applicant for
such variance approval in writing and inform the applicant that:
a.
Construction below the base flood elevation will result in increased
premium rates for flood insurance (up to twenty-five dollars ($25.00)
per one hundred dollars ($100.00) coverage), and
b.
Such construction below the base flood level increases risks
to life and property.
[Ord. No. 2686-18, 1-16-2018]
c.
Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
10.
Wet-floodproofing construction techniques must be reviewed and
approved by the community and a registered professional engineer or
architect prior to the issuance of any floodplain development permit
for construction.
[R.O. 1992 § 415.280; Ord. No.
2409-11 § 1, 6-21-2011]
A.
Any variance granted by the Zoning Board of Adjustment for a temporary structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article VI, Sections 415.250 and 415.260 of this Chapter.
[Ord. No. 2686-18, 1-16-2018]
1.
Temporary structures may be considered for location within the
one-hundred-year floodplain only when all of the following criteria
are met:
a.
The use of the temporary structure is unique to the land or
location to be developed and cannot be situated outside the one-hundred-year
floodplain nor meet the NFIP design standards;
b.
Denial of the temporary structures permit will create undue
hardship on the property owner;
c.
The community has adopted up-to-date NFIP and building regulations
to direct placement and removal of the temporary structures; and
d.
The community has sufficient staff to monitor the placement,
use, and removal of the temporary structures throughout the duration
of the permit.
2.
Once the variance is approved, the following conditions shall
be adhered to:
a.
The temporary structure permit shall be valid for a period not
to exceed one hundred eighty (180) days.
b.
An emergency plan for the removal of the temporary structure
that includes specific removal; criteria and time frames from the
agency or firm responsible for providing the manpower, equipment,
and the relocation and disconnection of all utilities shall be required
as part of the special use permit application for the placement of
any temporary structure.
c.
On or before the expiration of the end of the one-hundred-eighty-day
period, the temporary structure shall be removed from the site. All
utilities, including water, sewer, communication, and electrical services,
shall be disconnected.
d.
To ensure the continuous mobility of the structure for the duration
of the approval, all temporary structures shall retain its wheels
and tires, licenses, and towing appurtenance on the structure at all
times.
e.
Under emergency flooding conditions, temporary structures shall
be removed immediately or as directed by the community and as specified
in the emergency removal plan.
f.
Location of any temporary structure within the regulatory floodway
requires the provision of a "no-rise" certification by a registered
professional engineer.
g.
Violation of or non-compliance with any of the stated conditions
or the special use permit during the term of approval shall make the
permit subject to revocation by the Floodplain Administrator. Issuance
of the permit revocation notice shall be made to the landowner, the
occupant of the land, and to the general public.
h.
Any deviation from the approved site plan shall be deemed a
violation of the temporary structure approval and the uses allowed
shall automatically be revoked. The subsequent use of the land shall
be as it was prior to the special permit approval. In event of any
violation, all permitted temporary structures shall be deemed a violation
of this Chapter and shall be illegal, non-conforming uses shall be
summarily removed and abated.
i.
If any temporary structure is to be returned to its previously
occupied site, the process for issuing a conditional variance must
be requested in full. Any subsequent variance shall be valid for one
hundred eighty (180) days only.
