[Ord. No. 1054 Art. 5 §A, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.200), 9-24-2003; Ord. No. 1288, 2-27-2009]
The Board of Zoning Appeals, Appeal Board, as established by
the City of Mission, Kansas, shall hear and decide appeals and requests
for variances from the floodplain management requirements of this
Chapter.
[Ord. No. 1054 Art. 5 §B, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.210), 9-24-2003; Ord. No. 1288, 2-27-2009]
A. Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Appeal Board as defined in Article
V, Section
460.200.
B. The Appeal
Board shall hear and decide appeals when it is alleged that there
is an error in any requirement, decision or determination made by
the Floodplain Administrator in the enforcement or administration
of this Chapter.
[Ord. No. 1054 Art. 5 §C, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.220), 9-24-2003; Ord. No. 1288, 2-27-2009]
Any person aggrieved by the decision of the Appeal Board or
any taxpayer may appeal such decision to the District Court as provided
in K.S.A. 12-759 and 12-760.
[Ord. No. 1054 Art. 5 §D, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.230), 9-24-2003; Ord. No. 1288, 2-27-2009]
A. In passing
upon such applications for variances, the Appeal Board shall consider
all technical data and evaluations, all relevant factors, standards
specified in other Sections of this Chapter and the following criteria:
1. Danger
to life and property due to flood damage;
2. Danger
that materials may be swept onto other lands to the injury of others;
3. Susceptibility
of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. Importance
of the services provided by the proposed facility to the community;
5. Necessity
to the facility of a waterfront location, where applicable;
6. Availability
of alternative locations, not subject to flood damage, for the proposed
use;
7. Compatibility
of the proposed use with existing and anticipated development;
8. Relationship
of the proposed use to the Comprehensive Plan and floodplain management
program for that area;
9. Safety
of access to the property in times of flood for ordinary and emergency
vehicles;
10. Expected
heights, velocity, duration, rate of rise and sediment transport of
the floodwaters, if applicable, expected at the site; and
11. 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, streets and bridges.
[Ord. No. 1054 Art. 5 §E, 9-11-2002; Ord. No. 1091 §§1 — 3(App. A §460.240), 9-24-2003; Ord. No. 1288, 2-27-2009]
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing Subsections
(B) through
(F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
B. Variances
may be issued for the reconstruction, repair, rehabilitation or restoration
of structures listed on the National Register of Historic Places,
the State Inventory of Historic Places or Local Inventory of Historic
Places upon determination, provided the proposed activity will not
preclude the structure's continued historic designation and the variance
is the minimum necessary to preserve the historic character and design
of the structure.
C. Variances
shall not be issued within any designated floodway if any significant
increase in flood discharge would result.
D. Variances
shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
E. Variances
shall only be issued upon:
1. Showing
of good and sufficient cause,
2. Determination
that failure to grant the variance would result in exceptional hardship
to the applicant, and
3. 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.
F. A community
shall notify the applicant in writing over the signature of a community
official that:
1. 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00)
of insurance coverage, and
2. Such
construction below the base flood level increases risks to life and
property.
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Such notification shall be maintained with the record of all
variance actions as required by this Chapter.
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