City of Plattsburg, MO Article VIII Variance Procedures

Section 405.210 Appeals And Requests For Variances.

[Ord. No. 2480, 5-8-2023]

A. The Zoning Board of Adjustments as established by the City of Plattsburg shall hear and decide appeals and requests for variances from the requirements of this Chapter.

B. The Zoning Board of Adjustments shall hear and decide appeals when it is alleged that there is an error in requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this Chapter.

C. Any person aggrieved by the decision of the Zoning Board of Adjustments or any taxpayer may appeal such decision to the Clinton County Circuit Court as provided in Section 89.020, RSMo.

D. In passing upon such application, the Zoning Board of Adjustments shall consider all technical evaluation, all relevant factors, standards specified in other Sections of this Chapter, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger of life and property due to flooding or erosion damage;

3. The susceptibility of 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 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 plant and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinance 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, and streets and bridges.

Section 405.220 Conditions For Variances.

[Ord. No. 2480, 5-8-2023]

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 [Subsection (B) through (F) below] have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical jurisdiction 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 or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Article.

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: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) 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. Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.