[Ord. No. 2009-23 §§1
— 2, 5-4-2009]
The Board of Adjustments as established by the City of Warsaw
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Chapter.
[Ord. No. 2009-23 §§1
— 2, 5-4-2009; Ord.
No. 326, 4-16-2018]
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 Appeal Board as defined in Article V, Section 415.200.
B.
The
Board of Adjustments 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. 2009-23 §§1
— 2, 5-4-2009]
Any person aggrieved by the decision of the Board of Adjustments
or any taxpayer may appeal such decision to the Benton County Circuit
Court as provided in Section 79.110, RSMo.
[Ord. No. 2009-23 §§1
— 2, 5-4-2009]
A.
In
passing upon such applications for variances, the Board of Adjustments
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. 2009-23 §§1
— 2, 5-4-2009]
A.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) 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 (½) 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:
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.
[Ord. No. 2009-23 §§1
— 2, 5-4-2009]
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. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Sections 415.230 and 415.240 of this Chapter.
B.
In
order to minimize flood damages during the 100-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.
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 elevation must be built with flood-resistant materials in accordance with Article IV, Section 415.150(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 415.150(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 415.150(D)(4) of this Chapter.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 415.160(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 415.180(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 100-year flood.
7.
Equipment, machinery or other contents must be protected from any
flood damage. 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.
8.
A community shall notify the applicant in writing over the signature
of a community official that:
a.
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
b.
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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9.
Wet-floodproofing construction techniques must be reviewed and approved
by the community and registered professional engineer or architect
prior to the issuance of any floodplain development permit for construction.
