§ 28-78. Conditions for approving variances for temporary structures.

Conditions for approving variances for temporary structures. Any variance granted for a temporary 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.

(1)

A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:

a.

Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards.

b.

Denial of the temporary structure permit will create an undue hardship on the property owner.

(2)

Once all of the above conditions are met, an application for a variance shall be made to the building and fire codes board of appeals. The building and fire codes board of appeals shall consider all applications for variances for a temporary structure based on the following criteria and conditions:

a.

The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted map shall be valid for a period not to exceed 180 days.

b.

An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment, and the relocation and disconnection of all utilities shall be required as part of the variance application for the placement of any temporary structure.

c.

On or before the expiration of the approved temporary period, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication, and electrical services shall be disconnected.

d.

To ensure the continuous mobility of the temporary structure for the duration of the variance, the temporary structure shall retain its wheels and tires, licenses, and towing appurtenance on the structures at all times.

e.

Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the city and as specified in the emergency removal plan.

f.

Location of any temporary structure within the regulatory floodway requires the provision of a "no-rise" certificate by a registered professional engineer.

g.

Violation of or non-compliance with any of the stated conditions of the variance during the term thereof, shall void the variance approval.

h.

Any deviation from the approved site plan shall be deemed a violation of the variance approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any violation, the temporary use shall be deemed a violation of this chapter and shall be illegal, non-conforming uses and shall be summarily removed and abated.

i.

If an additional variance for the temporary structure use is proposed, the process for issuing a variance shall be repeated in full. Any subsequent variance shall be valid for a period not to exceed 180 days.

(Ord. No. 160928 , § 1, 12-15-16)