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(A) Application for variance. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 150.035 of the Zoning Code.
(B) Adherence to state flood plain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(C) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(1) Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Variances may only be issued upon:
(a) A showing of good and sufficient cause; and
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) Flood insurance notice. The Community Development Director, or his/her designee, must notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage; and
(2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(E) General considerations. The Planning Commission and City Council shall consider the following factors in granting and imposing conditions on variances to flood plain requirements:
(1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of others;
(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
(5) The importance of the services to be provided by the proposed use to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Land Use 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 flood waters expected at the site.
(F) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(G) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(H) Record-keeping. The Community Development Director, or his/her designee, must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(Ord. 481, passed 2-16-2021)
(A) Application for conditional use. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 150.036 of the Zoning Code.
(B) Factors used in decision-making. The Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter and the following factors in granting and imposing conditions on conditional uses:
(1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
(2) The danger that materials may be swept onto other lands or downstream to the injury of others;
(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
(5) The importance of the services to be provided by the proposed use to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Land Use 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 flood waters expected at the site.
(C) Conditions attached to conditional use permits. In addition to the standards identified in §§ 152.043 and 152.053, the Planning Commission and City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(1) Limitations on period of use, occupancy, and operation.
(2) Imposition of operational controls, sureties, and deed restrictions.
(3) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(D) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(E) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(Ord. 481, passed 2-16-2021)
NONCONFORMITIES
A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 152.015 of this chapter, are subject to the provisions below.
(A) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(B) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in division (D) below.
(C) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one (1) year, any future use of the premises must conform to this chapter.
(D) If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of §§ 152.040 through 152.053 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance and repair during the previous three hundred and sixty-five (365) days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds fifty percent (50%) of the market value of any nonconforming structure, the entire structure must meet the standards of §§ 152.040 through 152.053 of this chapter.
(E) If any nonconformity is substantially damaged, as defined in this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 152.040 through 152.053 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(F) If any nonconforming use or structure experiences a repetitive loss, as defined in § 152.015 of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.
(G) Structures located in the Flood Prone District shall not be considered nonconformities and shall not be subject to the provisions of this section.
(Ord. 481, passed 2-16-2021)
VIOLATIONS AND PENALTIES
Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(Ord. 481, passed 2-16-2021)
Nothing in this chapter restricts the City of Mora from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Community Development Director within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(Ord. 481, passed 2-16-2021)
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