The Zoning Board, as established by City of Walhalla, shall
hear and decide requests for variances from the requirements of this
chapter.
Any person aggrieved by the decision of the appeal board or
any taxpayer may appeal such decision to the court.
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 an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
Variances may be issued for development necessary for the conduct
of a functionally dependant use, provided the criteria of this article
are met, no reasonable alternative exists and the development is protected
by methods that minimize flood damage and create no additional threat
to public safety.
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 §
172-29 of this article 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 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 §
172-18B of this chapter.
B. The agricultural structure must be built or rebuilt, in the case
of an existing building that is substantially damaged, 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, buoyancy, hydrodynamic and debris impact forces. Where
flood velocities exceed five 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 venting requirement of §
172-18D of this chapter.
E. Any mechanical, electrical or other utility equipment must be located above the base flood elevation (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 §
172-17E of this chapter.
F. The agricultural structure must comply with the floodway encroachment provisions of §
172-18E of this chapter.
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.
In passing upon such applications, the appeal board shall consider
all technical evaluations, all relevant factors, all standards specified
in other sections of 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, where 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.
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.
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result, unless a CLOMR is obtained prior to issuance of the variance.
In order to ensure the project is built in compliance with the CLOMR
for which the variance is granted, the applicant must provide a bond
for 100% of the cost to perform the development.
Upon consideration of the factors listed above and the purposes
of this chapter, the appeal board may attach such conditions to the
granting of variances as it deems necessary to further the purposes
of this chapter. The following conditions shall apply to all variances:
A. Variances may not be issued when the variance will make the structure
in violation of other federal, state or local laws, regulations or
ordinances.
B. Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
C. Variances shall only be issued upon a showing of good and sufficient
cause, a determination that failure to grant the variance would result
in exceptional hardship and a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisance, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
D. Any applicant to whom a variance is granted shall be given written
notice specifying the difference between the base flood elevation
(BFE) and the elevation to which the structure is to be built and
a written statement that the cost of flood insurance will be commensurate
with the increased risk. Such notification shall be maintained with
a record of all variance actions.
E. The local floodplain administrator shall maintain the records of
all appeal actions and report any variances to the Federal Emergency
Management Agency (FEMA) upon request.
F. Variances shall not be issued for unpermitted development or other development that is not in compliance with the provisions of this chapter. Violations must be corrected in accordance with §
172-16E of this chapter.