City of Mission, KS Article V Floodplain Management Variance Procedures

Section 460.200 Establishment of Appeal Board.

[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.

Section 460.210 Responsibility of Appeal Board.

[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.

Section 460.220 Further Appeals.

[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.

Section 460.230 Floodplain Management Variance Criteria.

[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.

Section 460.240 Conditions For Approving Floodplain Management Variances.

[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.

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