Legal Documents of Adams

Code of Adams

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 3 Flood Damage Prevention Ordinance » § 14-306 Variance procedures.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Adams
Title 14 : Zoning and Land Use Control
Chapter 3 : Flood Damage Prevention Ordinance

14-306 : Variance procedures.

  1. Board of zoning appeals. See the zoning ordinance for the City of Adams (Ord. #64).
  2. Variance procedures. In the case of a request for a variance the following shall apply:
    1. The City of Adams Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
    2. Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a 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 to preserve the historic character and design of the structure.
    3. In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
      1. The danger that materials may be swept onto other property to the injury of others;
      2. The danger to life and property due to flooding or erosion;
      3. The susceptibility of the proposed facility and its contents to flood damage;
      4. The importance of the services provided by the proposed facility to the county;
      5. The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
      6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
      8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
      9. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
      10. 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.
    4. Upon consideration of the factors listed above, and the purposes of this chapter, the board of appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this chapter.
    5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
  3. Conditions for variances.
    1. Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.
    2. 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.
    3. Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.
    4. The administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. #2008-02, April 2008, modified)
Date Last Updated: 05/01/2020
Codification Date: 05/01/2020

Officials at Date of Last Codification:

Mayor - Mary Mantooth

Vice Mayor - Wayne Evans

Commissioner - Donna Boisseau

Recorder - Anna Luke

City Attorney - Jody Dorris

Date Last Updated: 05/01/2020
Codification Date: 05/01/2020

Officials at Date of Last Codification:

Mayor - Mary Mantooth

Vice Mayor - Wayne Evans

Commissioner - Donna Boisseau

Recorder - Anna Luke

City Attorney - Jody Dorris