[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
The Board of Adjustment as established by the City of Hollister
shall hear and decide appeals and requests for variances from the
floodplain management requirements of this Chapter.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the City Building Official (Floodplain Administrator), the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Article VI, Section 415.200.
The Board of Adjustment shall hear and decide appeals when it
is alleged that there is an error in any requirement, decision or
determination made by the City Building Official (Floodplain Administrator)
in the enforcement or administration of this Chapter.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided in Hollister City Code Section 400.250.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
A.
In
passing upon such applications for variances, the Board of Adjustment
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Chapter, and the following
criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury
of others;
3.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility
to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations, not subject to flood damage,
for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated
development;
8.
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters, if applicable, expected at the site;
and
11.
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; streets;
and bridges.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
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 level, 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, 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 proposed activity will not preclude
the structure's continued historic designation.
C.
Variances
shall not be issued within any designated floodway if any increase
in flood levels during the base 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.
A showing of good and sufficient cause;
2.
A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
3.
A 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.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
A.
Any variance granted for an agricultural 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 Article VI, Sections 415.230 and 415.240 of this Chapter. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
1.
All agricultural structures considered for a variance from the floodplain
management regulations of this Chapter shall demonstrate that the
varied structure is located in wide, expansive floodplain areas and
no other alternate location outside of the special flood hazard area
exists for the agricultural structure. Residential structures, such
as farmhouses, cannot be considered agricultural structures.
2.
Use of the varied structures must be limited to agricultural purposes
in Zone A only as identified on the community's Flood Insurance Rate
Map (FIRM).
3.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article V, Section 415.150(D)(2) of this Chapter.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Article V, Section 415.150(D)(1) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
5.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article V, Section 415.150(D)(4) of this Chapter.
6.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 415.160(3) of this Chapter.
7.
The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 415.180(2) of this Chapter. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.
8.
Major equipment, machinery, or other contents must be protected from
any flood damage.
9.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the agricultural structures.
10.
A community shall notify the applicant in writing over the signature
of a community official that:
a.
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
b.
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.
11.
Wet-floodproofing construction techniques must be reviewed and approved
by the community and a registered professional engineer or architect
prior to the issuance of any floodplain development permit for construction.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
A.
Any variance granted for an accessory 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 Article VI, Sections 415.230 and 415.240 of this Chapter.
B.
In
order to minimize flood damages during the 100-year flood and the
threat to public health and safety, the following conditions shall
be included for any variance issued for accessory structures that
are constructed at-grade and wet-floodproofed.
1.
Use of the accessory structures must be solely for parking and limited
storage purposes in Zone A only as identified on the community's Flood
Insurance Rate Map (FIRM).
2.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article V, Section 415.150(D)(2) of this Chapter.
3.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article V, Section 415.150(D)(1) of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
4.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article V, Section 415.150(D)(4) of this Chapter.
5.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V, Section 415.160(3) of this Chapter.
6.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Article V, Section 415.180(2) of this Chapter. No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.
7.
Equipment, machinery, or other contents must be protected from any
flood damage.
8.
No disaster relief assistance under any program administered by any
Federal agency shall be paid for any repair or restoration costs of
the accessory structures.
9.
A community shall notify the applicant in writing over the signature
of a community official that:
a.
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
b.
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.
10.
Wet-floodproofing construction techniques must be reviewed and approved
by the community and registered professional engineer or architect
prior to the issuance of any floodplain development permit for construction.
[Ord. No. 99-57, 10-21-1999; Ord. No. 12-01, 1-19-2012]
A.
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 Article VI, Sections 415.230 and 415.240 of this Chapter.
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;
c.
The community has adopted up-to-date NFIP and building regulations
to direct placement and removal of the temporary structure; and
d.
The community has sufficient staff to monitor the placement, use
and removal of the temporary structure throughout the duration of
the permit.
2.
Once all of the above conditions are met, an application for a special
use permit must be made to the Hollister Board of Aldermen. The Board
of Aldermen shall consider all applications for special use permits
for a temporary structure based on the following criteria:
a.
The placement of any temporary structure within the special flood
hazard areas as shown on the community's adopted Federal Emergency
Management Agency/National Flood Insurance Program map shall require
an approved special use permit. The special use permit shall be valid
for a period not to exceed one hundred eighty (180) days.
b.
Special use permit applications, for a temporary structure to be
located in special flood hazard areas, shall conform to the standard
public hearing process prior to any community action on the permit
request.
c.
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 special use permit application for the placement of any
temporary structure.
d.
On or before the expiration of the end of the one hundred eighty
(180) day special use permit period, the temporary structure shall
be removed from the site. All utilities, including water, sewer, communication,
and electrical services, shall be disconnected.
e.
To ensure the continuous mobility of the temporary structure for
the duration of the permit, the temporary structure shall retain its
wheels and tires, licenses, and towing appurtenance on the structures
at all times.
f.
Under emergency flooding conditions, the temporary structure shall
be removed immediately or as directed by the community and as specified
in the emergency removal plan.
g.
Location of any temporary structure within the regulatory floodway
requires the provision of a "no-rise" certificate by a registered
professional engineer.
h.
Violation of or non-compliance with any of the stated conditions
of the special use permit during the term thereof shall make the permit
subject to revocation by resolution of the Governing Body of the community.
Issuance of permit revocation notice shall be made to the landowner,
the occupant of the land, and to the general public.
i.
Any deviation from the approved site plan shall be deemed a violation
of the special use permit 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, all permitted
special uses shall be deemed a violation of this Chapter and shall
be illegal, non-conforming uses and shall be summarily removed and
abated.
j.
If the temporary structure is to be returned to its previously occupied
site, the process for issuing a special use permit must be repeated
in full. Any subsequent permit shall be valid for one hundred eighty
(180) days only.
