§ 28-76. Conditions for approving variances for accessory structures.

Any variance granted for an accessory 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 sections 28-74 and 28-75.

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 accessory structures that are constructed at-grade and wet-floodproofed.

(1)

Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the community's flood insurance rate map (FIRM).

(2)

For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with subsection 28-51(d)(2).

(3)

The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with subsection 28-51(d)(1). 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.

(4)

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 subsection 28-51(d)(4).

(5)

The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. 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 subsection 28-52(a)(3).

(6)

The accessory structures must comply with the floodplain management floodway encroachment provisions of subsection 28-54(b). No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

(7)

Equipment, machinery, or other contents must be protected from any flood damage.

(8)

No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the accessory structures.

(9)

The floodplain administrator shall notify the applicant in writing that:

a.

The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions as required by this chapter.

(10)

Wet-floodproofing construction techniques must be developed by a registered professional engineer or architect and be submitted for review and approval by the community prior to the issuance of any floodplain development permit for construction.

(Ord. No. 160928 , § 1, 12-15-16)