A. The city council shall hear and decide appeals and requests for VARIANCES from the requirements of this chapter. In the event that any city council member or the mayor shall have served as the FLOODPLAIN ADMINISTRATOR, that person shall be disqualified from sitting on the board of appeals, and the remaining council members, or the mayor, if qualified, shall make up this hearing board.
B. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the FLOODPLAIN ADMINISTRATOR in the enforcement of this chapter.
C. Those aggrieved by the decision of the city council, or any taxpayer, may appeal such decision to the district court, as provided in the Idaho Code.
D. In passing upon applications for VARIANCES, the city council 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 other;
2. The danger to lives and property due to flooding or erosion damage;
3. The susceptibility of the proposed DEVELOPMENT and its contents to flood damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed DEVELOPMENT to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed DEVELOPMENT which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with 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 and streets and bridges.
E. Decisions of the city council on appeals and variances shall be in writing, and shall meet the requirements of Idaho law concerning such decisions. The city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The FLOODPLAIN ADMINISTRATOR shall maintain the records of all appeal actions and report any VARIANCES to the federal insurance administration upon request. (Ord. 96 § 4.4-1, 1987; amd. Ord. 254, 7-12-2021)