(A) Establishment of development permit.
(1) A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 153.02(B).
(2) Application for a development permit shall be made on forms furnished by the Building Official and may include, but not be limited to:
(a) Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing; and
(b) Specifically, the following information is required:
1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet the floodproofing criteria in § 153.04(B)(2); and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(4) Where base flood elevations are utilized, all new construction, substantial improvements and other development must comply with requirements of division (C)(2) below.
(B) Administration. The City Building Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
(C) Duties and responsibilities. Duties and responsibilities of the Building Official shall include, but not be limited to:
(1) Permit review.
(a) Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(b) Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required.
(c) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 153.04(C)(1) are met.
(2) Use of other base flood data.
(a) When base flood elevation data has not been provided in accordance with § 153.02(B), the Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source.
(b) Where base flood elevation data are utilized, all new construction, substantial improvements or other development in Zone A are administered in accordance with division (C)(3) below and § 153.04(B).
(3) Information to be obtained and maintained.
(a) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(b) For all new or substantially improved floodproofed structures:
1. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.
2. Maintain the floodproofing certifications required in division (A)(3) above.
(c) Maintain for public inspection all records pertaining to the provisions of this chapter.
(4) Alteration of watercourses.
(a) Notify adjacent communities and the State Department of Environment and Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5) Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in division (D)(1) below.
(D) Variance procedure.
(1) Appeal Board.
(a) The City Board of Adjustment, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b) The City Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement of this chapter.
(c) Those aggrieved by the decision of the City Board of Adjustment, or any taxpayer, may appeal such decisions to the State Circuit Court.
(d) In passing upon such applications, the City Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
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 for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with the 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 and the effects of wave action, 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.
(e) Upon consideration of the factors of division (D)(1)(d) above and the purposes of this chapter, the City Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(2) Records. The Building Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.
(E) Conditions for variances.
(1) Generally, variances may be issued for new construction and substantial improvements 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 in divisions (D)(1)(d) above have been fully considered. As the lot size increases beyond one-half acre, the technical justifications required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
(a) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(b) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 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 expenses, create nuisances, cause fraud on or victimization of the public as identified in division (D)(1)(a) above or conflict with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.
(Ord. 1090, passed 5-3-2010)