A. There is hereby created a local floodplain management board, the membership, administration, and rules of procedure of which are identical to the Ennis town council.
B. The Ennis town council 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 floodplain administrator in the enforcement or administration of this title.
C. Any person or persons aggrieved by the decision of the Ennis town council may appeal such decision in the courts of competent jurisdiction.
D. The floodplain 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 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 13-4-3B of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
F. Upon consideration of the factors noted above and the intent of this title, the Ennis town council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this title (section 13-1-3 of this title).
G. Variances shall not be issued within any designated floodway if any increase in flood levels or velocities, during the base flood discharge, would result.
H. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
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 a good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
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;
d. The proposed use is adequately floodproofed; and
e. Reasonable alternative locations outside the designated floodplain are not available.
3. Any application to which 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. It should be noted that variances of this type places the community in violation of the NFIP, and therefore will be carefully considered.
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: 1) the criteria outlined in this chapter are met, and 2) 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.
K. Appeals of any decision(s) of the floodplain administrator or the Ennis town council may be taken by an aggrieved person or persons, jointly or separately, to a court of record. (Ord. 136, 5-19-2011)