Whenever the standards of this subchapter place undue hardship on a specific development proposal, the applicant may apply to the Planning and Zoning Commission for a variance. The Planning and Zoning Commission shall review the applicant’s request for a variance and shall submit its recommendation to the City Council. The City Council may attach any conditions to granting of a variance as it deems necessary to further the intent of this subchapter.
(A) Conditions. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(6) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other state and federal permits have been obtained.
(B) Notification of impact on building. The Planning and Zoning Commission shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 152.331 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risk to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(C) Historic structures. Variances to the building protection requirements of § 152.331 which are requested in connection with reconstruction, repair or alteration of a historic site or historic structure as defined in “Historic Structures,” may be granted using criteria more permissive than the requirements of §§ 152.330 and 152.331 subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and/or
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(D) Agriculture. Any variance granted for an agricultural 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 this subchapter. 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 agricultural structures that are constructed at grade and wet-floodproofed.
(1) All agricultural structures considered for a variance from the floodplain management regulations of this subchapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farm houses, cannot be considered agricultural structures.
(2) Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).
(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring and the like) below the base flood elevation, must be built with flood-resistant materials in accordance with § 152.331.
(4) The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with § 152.331. 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.
(5) 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 § 152.331.
(6) 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 § 152.331(B).
(7) The agricultural structures must comply with the floodplain management floodway provisions of § 152.330. No variances may be issued for agricultural structures within any designated floodway.
(8) Wet-floodproofing construction techniques must be reviewed and approved by the Floodplain Administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(Ord. 11-3327, passed 7-18-2011)