§ 19.501 ESTABLISHMENT OF APPEAL BOARD.

   The county zoning Board of Appeal, as established by the town, shall hear and decide requests for variances from the requirements of this chapter.

(Ord. 2017-05, passed 12-4-2017)

§ 19.502 RIGHT TO APPEAL.

   Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the court.

(Ord. 2017-05, passed 12-4-2017)

§ 19.503 HISTORIC STRUCTURES.

   Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(Ord. 2017-05, passed 12-4-2017)

§ 19.504 FUNCTIONALLY DEPENDENT USES.

   Variances may be issued for development necessary for the conduct of a functionally dependant use, provided the criteria of this article are met, no reasonable alternative exist and the development is protected by methods that minimize flood damage and create no additional threat to public safety.

(Ord. 2017-05, passed 12-4-2017)

§ 19.505 AGRICULTURAL STRUCTURES.

   Variances may be issued to wet-flood-proof an agricultural structure provided it is used solely for agricultural purposes. In order to minimize flood damages during the base flood and the threat to public health and safety, the structure must meet all of the conditions and considerations of § 19.508, this section and the following standards.

   a.   Use of the structure must be limited to agricultural purposes as listed below:

      1.   Pole frame buildings with open or closed sides used exclusively for the storage of farm machinery and equipment;

      2.   Steel grain bins and steel frame corncribs;

      3.   General-purpose barns for the temporary feeding of livestock that are open on at least one side; and/or

      4.   For livestock confinement buildings, poultry houses, dairy operations and similar livestock operations, variances may not be issued for structures that were substantially damaged. New construction or substantial improvement of such structures must meet the elevation requirements of § 19.402b.

   b.   The agricultural structure must be built or rebuilt, in the case of an existing building that is substantially damaged, with flood-resistant materials for the exterior and interior building components and elements below the base flood elevation.

   c.   The agricultural structure must be adequately anchored to prevent flotation, collapse or lateral movement. All of the structure’s components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, hydrodynamic and debris impact forces. Where flood velocities exceed five feet per second, fast-flowing flood waters can exert considerable pressure on the building’s enclosure walls or foundation walls.

   d.   The agricultural structure must meet the venting requirement of § 19.402d.

   e.   Any mechanical, electrical or other utility equipment must be located above the base flood elevation (BFE), plus any required freeboard, or be contained within a watertight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with § 19.401e.

   f.   The agricultural structure must comply with the floodway encroachment provisions of § 19.402e.

   g.   Major equipment, machinery or other contents must be protected. Such protection may include protective watertight flood-proofed areas within the building, the use of equipment hoists for readily elevating contents, permanently elevating contents on pedestals or shelves above the base flood elevation, or determining that property owners can safely remove contents without risk to lives and that the contents will be located to a specified site out of the floodplain.

(Ord. 2017-05, passed 12-4-2017)