The Board of Zoning Appeals as established by the City of Park City as the Appeal Board to hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.

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.

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.

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.

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:

(a)   Danger to life and property due to flood damage;

(b)   Danger that materials may be swept onto other lands to the injury of others;

(c)   Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)   Importance of the services provided by the proposed facility to the community;

(e)   Necessity to the facility of a waterfront location, where applicable;

(f)    Availability of alternative locations, not subject to flood damage, for the proposed use;

(g)   Compatibility of the proposed use with existing and anticipated development;

(h)   Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i)    Safety of access to the property in times of flood for ordinary and emergency vehicles;

(j)    Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and,

(k)   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.

(a)   Generally, variances may be issued for new construction and substantial improvement to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items two (2) through six (6) below have been fully considered. As the lot size increases beyond the one-half 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, provide the proposed activity will not preclude the structure’s continued historic designation.

(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 $25.00 for $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.

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 herein.

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-flood proofed:

(a)   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.

(b)   Use of the varied structures must be limited to agricultural purposes in Zone A, AE and AH only as identified on the community’s Flood Insurance Rate Map (FIRM).

(c)   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 the requirements of Article 4.

(d)   The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with the requirements of Article 4. 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.

(e)   Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with the provisions of Article 4.

(f)    The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with the provisions of Article 4.

(g)   The agricultural structures must comply with the flood-plain management floodway encroachment provisions of Article 4. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one percent annual chance flood event, also referred to as the 100-year flood.

(h)   Major equipment, machinery, or other contents must be protected from any flood damage.

(i)    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.

(j)    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 $25.00 for $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.

(k)   Wet-flood proofing 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.

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 herein.

In order to minimize flood damages during the one percent annual chance flood event, also referred to as 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-flood proofed:

(a)   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).

(b)   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 4.

(c)   The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article 4. All of the building’s structural components must be capable of resisting specific flood-related forces including hydro-static, buoyancy, and hydrodynamic and debris impact forces.

(d)   Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Article 4.

(e)   The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Article 4.

(f)    The accessory structures must comply with the floodplain management floodway encroachment provisions of Article 4. 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.

(g)   Equipment, machinery, or other contents must be protected from any flood damage.

(h)   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.

(i)    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 $25.00 for $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.

(j)    Wet-flood proofing 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.

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 hereinabove.

(a)   A temporary structure may be considered for location within the one percent annual chance flood event, also referred to as the 100-year floodplain only when all of the following criteria are met:

(1)   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;

(2)   Denial of the temporary structure permit will create an undue hardship on the property owner;

(3)   Community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and,

(4)   Community has sufficient staff to monitor the placement, use, and removal of the temporary structure throughout the duration of the permit.

(b)   Once all of the above conditions are met, an application for a special use permit must be made to the City of Park City. The City of Park City shall consider all applications for special use permits for a temporary structure based on the following criteria:

(1)   The placement of any temporary structure within the special flood hazard areas as shown on the community’s adopted FEMA/NFIP map shall require an approved special use permit. The special use permit shall be valid for a period not to exceed 180 days.

(2)   Special use permits 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.

(3)   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.

(4)   On or before the expiration of the end of the 180 days 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.

(5)   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.

(6)   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.

(7)   Location of any temporary structure within the regulatory floodway requires the provision of a “no-rise” certificate by a registered professional engineer.

(8)   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.

(9)   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.

(10) 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 180 days only.