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Variances may be issued to wet floodproof 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 § 5-6-47
, 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 (1) side;
(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 § 5-6-31
; and
(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 (5) feet per second, fast-flowing floodwaters can exert considerable pressure on the building's enclosure walls or foundation walls.
(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, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 5-6-30
(E).
(F) The agricultural structure must comply with the floodway encroachment provisions of § 5-6-31
(E).
(G) Major equipment, machinery, or other contents must be protected. Such protection may include protective watertight floodproofed 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. 18-06, passed 6-11-2018)
In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and
(A) The danger that materials may be swept onto other lands to the injury of others;
(B) The danger to life and property due to flooding or erosion damage, and the safety of access to the property in times of flood for ordinary and emergency vehicles;
(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(D) The importance of the services provided by the proposed facility to the community;
(E) The necessity to the facility of a waterfront location, where applicable;
(F) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(G) The compatibility of the proposed use with existing and anticipated development, and, the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(H) 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;
(I) 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; and
(J) Agricultural structures must be located in wide, expansive floodplain areas, where no other alternative location for the agricultural structure exists. The applicant must demonstrate that the entire farm acreage, consisting of a contiguous parcel of land on which the structure is to be located, must be in the special flood hazard area and no other alternative locations for the structure are available.
(Ord. 18-06, passed 6-11-2018)
Findings listed above shall be submitted to the Appeal Board, in writing, and included in the application for a variance. Additionally, comments from the Department of Natural Resources, Land, Water and Conservation Division, State Coordinator's Office, must be taken into account and included in the permit file.
(Ord. 18-06, passed 6-11-2018)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result unless a CLOMR is obtained prior to issuance of the variance. In order to ensure the project is built in compliance with the CLOMR for which the variance is granted the applicant must provide a bond for 100% of the cost to perform the development.
(Ord. 18-06, passed 6-11-2018)
Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The following conditions shall apply to all variances:
(A) Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
(B) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(C) Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(D) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk. Such notification shall be maintained with a record of all variance actions.
(E) The Local Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency (FEMA) upon request.
(F) Variances shall not be issued for unpermitted development or other development that is not in compliance with the provisions of this chapter. Violations must be corrected in accordance with § 5-6-24
(E).
(Ord. 18-06, passed 6-11-2018)
ARTICLE VI: LEGAL STATUS PROVISIONS
This chapter in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted February 14, 2011 and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued there under are reserved and may be enforced. The enactment of this chapter shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the City of Dillon enacted February 14, 2011, as amended, which are not reenacted herein, are repealed.
(Ord. 18-06, passed 6-11-2018)
Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted by the Chief Building Inspector or his authorized agents before the time of passage of this chapter; provided, however, that when start of construction has not occurred under such outstanding permit within a period of sixty (60) days subsequent to passage of this chapter, construction or use shall be in conformity with the provisions of this chapter.
(Ord. 18-06, passed 6-11-2018)