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VARIANCE PROCEDURES
Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(Ord. --, passed 4-27-2018)
Variances may be issued for development necessary for the conduct of a functionally dependent use provided the criteria of this chapter are met, no reasonable alternatives exist, and the development is protected by methods that minimize flood damage and create no additional threat to public safety.
(Ord. --, passed 4-27-2018)
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 § 156.087, 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 § 156.066(B).
(B) The agricultural structure must be built or, in the case of an existing building that is substantially damaged, rebuilt 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, buoyant, 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.
(D) The agricultural structure must meet the ventilation requirement of § 156.066(D).
(E) Any mechanical, electrical, or other utility equipment must be located above the 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 § 156.065(E).
(F) The agricultural structure must comply with the floodway encroachment provisions of § 156.066(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. --, passed 4-27-2018)
In passing upon such applications, the Appeal Board shall consider all technical evaluations, all relevant factors, all standards specified in 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 when 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. --, passed 4-27-2018)
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. --, passed 4-27-2018)
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