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A. Decisions Of The Board Of Adjustment: The Board shall arrive at a decision on an appeal or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in subsection A2 of this section.
1. Factors Upon Which The Decision Of The Board Of Adjustment Shall Be Based: In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:
a. The danger to life and property due to increased flood heights or velocities caused by encroachments.
b. The danger that materials may be swept on to other land or downstream to the injury of others.
c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the City.
f. The requirements of the facility for a floodplain location.
g. The availability of alternative locations not subject to flooding for the proposed use.
h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
j. The safety of access to the property in times of flood for ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site.
l. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.
m. Such other factors which are relevant to the purpose of this chapter.
2. Conditions Attached To Variances: Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
a. Modification of waste disposal and water supply facilities.
b. Limitation of periods of use and operation.
c. Imposition of operational controls, sureties, and deed restrictions.
d. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.
e. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not limited to, the following:
1 Anchorage to resist flotation and lateral movement.
2 Installation of watertight doors, bulkheads, shutters, or similar methods of construction.
3 Reinforcement of walls to resist water pressures.
4 Use of paints, membranes, or mortars to reduce the seepage of water through walls.
5 Addition of mass or weight structures to resist flotation.
6 Installation of pumps to lower water levels in structures.
7 Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.
8 Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
9 Construction to resist rupture or collapse caused by water pressure or floating debris.
10 Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwater into buildings or structures.
11 Location of all electrical equipment, including circuits and installed electrical appliances in a manner that will assure they are not subject to flooding.
B. Variances: No variance shall be granted for any development within the Floodway Overlay District that would result in any increase in floods during the occurrence of the base flood. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. All variances granted affecting the Floodway Overlay or Floodway Fringe Overlay Districts shall have approval of the Iowa Department of Natural Resources. (Ord. 1067, 1-24-2019)