[Ord. No. 6426 § 1, 10-8-2015; Ord. No. 6928, 3-8-2018; Ord. No. 7911, 12-21-2023]
A.
The Board of Appeals as established by
the City of St. Peters shall hear and decide appeals and requests
for variances from the following:
2.
Building construction requirements
of building codes in Title V: Building and Construction.
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(Refer to Section 113.1 of Chapter
505.040 of Title V: Building and Construction for Membership of Board,
Qualifications, and Notice of Hearing information — Appendix
B, as amended)
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[Ord. No. 6426 § 1, 10-8-2015; Ord. No. 6783 § 3, 7-27-2017; Ord. No. 6928, 3-8-2018]
A.
When an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Manager, the applicant may apply for such floodplain development permit or variance directly to the Board of Appeals, as defined in Article V, Section 410.200.
B.
The Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision, or determination made by the Floodplain Manager, in the
enforcement or administration of this Chapter.
C.
When an application for any type of building permit offered by the City of St. Peters or a request for a variance from current building codes is denied by the Code Official, the applicant may apply for such permit or variance directly to the Board of Appeals, as defined in Article V, Section 410.200.
D.
The Board of Appeals shall hear and decide
appeals when it is alleged that there is an error in any requirement,
decision, or determination made by the Code Official, in the enforcement
or administration of Title V: Building Codes within the Municipal
Code of the City of St. Peters.
[Ord. No. 6426 § 1, 10-8-2015]
Any person aggrieved by the decision
of the Board of Appeals or any taxpayer may appeal such decision to
the St. Charles County Circuit Court as provided in Chapter 536, RSMo.
[Ord. No. 6426 § 1, 10-8-2015]
A.
In passing upon such applications for variances,
the Board of Appeals 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. 6426 § 1, 10-8-2015]
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 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:
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 the issuance
of a variance to construct a structure below the 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.
