12-1-10: DEVELOPMENT PERMIT REQUIRED:

A development permit shall be required to ensure conformance with the provisions of this Title. (Ord. 89-01, 1-3-89)

12-1-11: PERMIT PROCEDURES:

   A.   Application for Permit: Application for a development permit shall be presented to the Flood Plain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

      1.   Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures.

      2.   Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed.

      3.   A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of subsection 12-1-9B2 of this Chapter.

      4.   Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

      5.   Maintain a record of all such information in accordance with subsection 12-1-9B1 of this Chapter.

   B.   Approval Factors: Approval or denial of a development permit by the Flood Plain Administrator shall be based on all of the provisions of this Chapter and the following relevant factors:

      1.   The danger to life and property due to flooding or erosion damage.

      2.   The susceptibility of the proposed facility and its contents of flood damage to the effect of such damage on the individual owner.

      3.   The danger that materials may be swept onto other lands to the injury of others.

      4.   The compatibility of the proposed use with existing and anticipated development.

      5.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

      6.   The costs of providing governmental services during and after flood conditions including maintenance and repair of streets, bridges, public utilities and facilities such as sewer, gas, electrical and water systems.

      7.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

      8.   The necessity to the facility of a waterfront location, where applicable.

      9.   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

      10.   The relationship of the proposed use to the Comprehensive Plan for that area. (Ord. 89-01, 1-3-89)

12-1-12: COMPLIANCE WITH PROVISIONS:

No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this Chapter and other applicable regulations. (Ord. 89-01, 1-3-89)

12-1-13: ABROGATION AND GREATER RESTRICTIONS:

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 89-01, 1-3-89)

12-1-14: WARNING AND DISCLAIMER OF LIABILITY:

The degree of flood protection required by this Chapter is considered reasonable for regulatory purpose and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 89-01, 1-3-89)

12-1-15: VARIANCE PROCEDURES:

   A.   The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this Chapter.

   B.   The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the Flood Plain Administrator in the enforcement or administration of this Chapter.

   C.   Any person aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.

   D.   The Flood Plain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

   E.   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 Chapter.

   F.   Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 12-1-11B of this Chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.

   G.   Upon consideration of the factors noted above and the intent of this Chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Chapter 1 .

   H.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

   I.   Prerequisites for granting variances:

      1.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      2.   Variances shall only be issued upon, a) showing good and sufficient cause; b) a determination that the failure to grant the variance would result in exceptional hardship to the applicant, and c) 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.

      3.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   J.   Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that a) the criteria outlined in subsections A through I of this Section are met, and b) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. 89-01, 1-3-89)

 

Notes

1	1. See Section 12-1-3 of this Chapter for purpose.