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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)
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. |
A. Designation of the Flood Plain Administrator: The City Inspector is hereby appointed the Flood Plain Administrator to administer and implement the provisions of this Chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management.
B. Duties and Responsibilities of the Flood Plain Administrator: Duties and responsibilities of the Flood Plain Administrator shall include, but not be limited to the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this Chapter.
2. Review permit application to determine whether proposed building site will be reasonably safe from flooding.
3. Review, approve or deny all applications for development permits required by adoption of this Chapter.
4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
5. Where interpretation is 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 Flood Plain Administrator shall make the necessary interpretation.
6. Notify, in riverine situations, adjacent communities and the State coordinating agency which is Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
7. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. When base flood elevation data has not been provided in accordance with Section 12-1-8 of this Chapter, the Flood Plain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Section 12-1-9 of this Chapter.
9. When a regulatory floodway has not been designated, the Flood Plain Administrator must require that no new construction, substantial improvements or other developments (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community. (Ord. 89-01, 1-3-89)
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