1177.20 SPECIAL EXCEPTIONS.

   (a)    Application. Application for any use listed in this chapter as requiring a special permit may be allowed only upon application to the Building Commissioner on forms furnished by him and issuance of a special exception by the Board. Upon receipt of the application the Commissioner shall forthwith submit it to the Board.

   (b)    Procedure. Upon receiving an application for a special permit involving the use of fill, construction of structures, or storage of materials, the Board shall, prior to rendering a decision thereon:

      (1)    Require the applicant to furnish such of the following information as is deemed necessary by the Board for determining the regional flood protection elevation, whether the proposed use is located in the floodway or floodway fringe, and other factors necessary to render a decision on the suitability of the particular site for the proposed use:

         A.    Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel.

          B.    A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.

         C.    Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.

         D.    Profile showing the slope of the bottom of the channel or flow line of the stream.

         E.    Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water-supply and sanitary facilities.

      (2)    Transmit one copy of the information described in subsection (b)(l) hereof to a designated engineer or other expert person or agency for technical assistance is determining whether the proposed use is located in the floodway or floodway fringe; in determining the regional flood protection elevation; and in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. The procedures specified in Section 1177.02(c) shall be followed in this expert evaluation.

      (3)    Based upon the technical evaluation of the designated engineer or expert, the Board shall determine whether the proposed use is located within the floodway or floodway fringe, determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard.

   (c)    Factors as Basis for Decision. In passing upon special exception applications, the Board shall consider all relevant factors specified in other sections of this chapter and:

      (1)    The danger to life and property due to increased flood heights or velocities caused by encroachments.

      (2)    The danger that materials may be swept on to other lands or downstream to the injury of others.

      (3)    The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

      (4)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

      (5)    The importance of the services provided by the proposed facility to the community.

      (6)    The requirements of the facility for a waterfront location.

      (7)    The availability of alternative locations not subject to flooding for the proposed use.

      (8)    The compatibility of the proposed use with the existing development and development anticipated in the foreseeable future.

      (9)    The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

      (10)    The safety of access to the property in times of flood for ordinary and emergency vehicles.

      (11)   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

      (12)    Such other factors which are relevant to the purposes of this chapter.

   (d)    Time for Acting on Application. The Board shall act on an application in the manner above described within thirty days from receiving the application, except that where additional information is required by the Board pursuant to subsection (b)(1) hereof, the Board shall render a written decision within thirty days from the receipt of such information.

   (e)    Conditions Attached to Special Permits. Upon consideration of the factors listed above and the purposes of this chapter, the Board may attach such conditions to the granting of special exceptions or variances as it deems necessary to further the purposes of this chapter. Among such conditions without limitation because of specific enumeration may be included:

      (1)    Modification of waste disposal and water supply facilities.

      (2)    Limitations on periods of use and operation.

      (3)    Imposition of operational controls, sureties and deed restrictions.

      (4)    Requirements for construction of channel modifications, dikes, levees and other protective measures.

      (5)    Floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regional flood. The Board of Appeals shall require that the applicant submit a plan or document certified by a registered professional engineer that the flooding measures are consistent with the flood protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required without limitation because of specific enumeration.

         A.    Anchorage to resist flotation and lateral movement.

         B.    Installation of watertight doors, bulkheads and shutters, or similar methods of construction.

            (Ord. 76-23. Passed 12-20-76.)