(A) No variances shall be granted within a floodway if any increases in the base flood elevation would result.
(B) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Administrator for a variance. The Zoning Administrator shall review the applicant's request for a variance and shall submit its recommendation to the County Board or appropriate committee. The County Board may attach such conditions to granting of a variance as it deems necessary to further the purposes and objectives of this chapter. The County Board shall base the determination on:
(1) Technical justifications submitted by the applicant.
(2) The staff report, comments, and recommendations submitted by the Floodplain Administrator.
(3) The limitations, considerations, and conditions set forth in this section.
(C) The findings of fact and conclusions of law made by the County Board according to division (A) of this section, the notifications required by division (B) of this section, and a record of hearings and evidence considered as justification for the issuance of all variances from this chapter shall be maintained by the county in perpetuity.
(D) No variance shall be granted unless the applicant demonstrates and the County Board finds that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain.
(2) A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
(3) The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
(4) There will be no additional threat to public health, public safety, destruction of beneficial stream uses and functions including, aquatic habitat, causation of fraud on or victimization of the public, conflict with existing local laws or ordinances, or creation of a nuisance.
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, lost environmental stream uses and functions, repairs to streambeds and banks, or repairs to roads, utilities, or other public facilities.
(6) The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP.
(7) Good and sufficient cause has been shown that the unique characteristics of the size, configuration, or topography of the site renders the requirements of this chapter inappropriate.
(8) All other state and federal permits have been obtained.
(E) The Zoning Administrator shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 94.07 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.
(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.
(F) Considerations for review. In reviewing applications for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
(1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
(4) The importance of the services provided by the proposed development to the community.
(5) The availability of alternate locations for the proposed development that are not subject to flooding or erosion.
(6) The compatibility of the proposed development with existing and anticipated development.
(7) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(10) 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.
(G) Historic structures. Variances issued for the 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 § 94.06 and § 94.07 subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.
(2) The repair or rehabilitation will not preclude the structure's continued designation as a historic structure.
(H) Agriculture structures. Variances issued for the construction or substantial improvement of agricultural structures which do not meet the non-residential building requirements of § 94.07(B) and (C), provided the requirements of divisions (A) through (G) of this section and the following are satisfied:
(1) A determination that the proposed agricultural structure:
(a) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(b) Has low damage potential (amount of physical damage, contents damage, and loss of function).
(c) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on liquefied natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
(d) Complies with the wet floodproofing construction requirements of division (H)(2) of this section.
(2) Wet floodproofing construction requirements. Wet floodproofed structures shall:
(a) The exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the BFE, must be built with flood-resistant materials in accordance with § 94.07.
(b) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(c) All enclosed areas below the FPE shall provide for equalization of hydrostatic pressures by allowing the automatic entry and exit of floodwaters. A minimum of one permanent opening shall be provided on at least two walls that is below the BFE and no more than one foot above finished grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE, or the design must be certified by a Registered P.E. as providing the equivalent performance in accordance with accepted standards of practice. Refer to FEMA TB 1, Openings in Foundation Walls and Walls of Enclosures, for additional guidance.
(d) Any mechanical, electrical, or other utility equipment must be located above the BFE or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 94.07.
(e) If located in a floodway, must be issued a state floodway permit, and comply with § 94.06.
(f) The building may not be used for manure storage or livestock confinement operations.
(Ord. 2022-04, passed 7-7-2022) Penalty, see § 94.99