Fayette Conditions for Approving Variances of Accessory Structures ordinance (§ 420.240)

Any permit granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Permits shall meet the following conditions. In order to minimize flood damages during the one percent (1%) 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 required for any permit issued for accessory structures that are constructed at grade and wet-floodproofed:

A. Use of the accessory structures must be solely for parking and limited storage purposes in any special flood hazard area 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 IV, Section 420.130(D) of this Chapter.

C. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article IV, Section 420.130(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.

D. 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 IV, Section 420.130(D)(4) of this Chapter.

E. The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent (1%) annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 420.140(A)(3) of this Chapter.

F. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 420.160(B) of this Chapter. No permits 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. Wet-floodproofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.