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ADMINISTRATION
(A) The Building Inspector is hereby appointed as the Administrator to implement the provisions of this chapter.
(B) Duties of the Administrator shall include, but not be limited to, the following:
(1) Review all development permits to assure that the permit requirements of this chapter have been satisfied, and that proposed building sites will be reasonably safe from flooding;
(2) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344;
(3) Notify adjacent communities and the State Department of Economic and Community Development, Local Planning Assistance Office, prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA;
(4) For any altered or relocated watercourse, submit engineering data/analysis within six months to FEMA to ensure accuracy of community FIRMs through the Letter of Map Revision process;
(5) Assure that the flood carrying capacity within an altered or relocated portion of any watercourse is maintained;
(6) Record the elevation, in relation to mean sea level or the highest adjacent grade, where applicable, of the lowest floor (including basement) of all new and substantially improved buildings, in accordance with § 153.26 of this chapter;
(7) Record the actual elevation, in relation to mean sea level or the highest adjacent grade, where applicable to which the new and substantially improved buildings have been floodproofed, in accordance with § 153.26 of this chapter;
(8) When floodproofing is utilized for a non-residential structure, obtain certification of design criteria from a state registered professional engineer or architect, in accordance with § 153.26 of this chapter;
(9) Where interpretation is needed as to the exact location of 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), make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter;
(10) When base flood elevation data and floodway data have not been provided by FEMA, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources, including data developed as a result of these regulations, as criteria for requiring that new construction, substantial improvements or other development in Zone A on the city’s FIRM meet the requirements of this chapter; and
(11) Maintain all records pertaining to the provisions of this chapter in the office of the Administrator and shall be open for public inspection. Permits issued under the provisions of this chapter shall be maintained in a separate file or marked for expedited retrieval within combined files.
(1994 Code, § 14-404) (Ord. 514, passed 8-8-1994; Ord. 703, passed 5-24-2010)
(A) Application for a development permit shall be made to the Administrator on forms furnished by the community prior to any development activities. The development permit may include, but is not limited to, the following: plans in duplicate drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities.
(B) Specifically, the following information is required.
(1) Application stage.
(a) Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings where base flood elevations are available, or to certain height above the highest adjacent grade when applicable under this chapter;
(b) Elevation in relation to mean sea level to which any non-residential building will be floodproofed where base flood elevations are available, or to certain height above the highest adjacent grade when applicable under this chapter;
(d) Description of the extent to which any watercourse will be altered relocated as a result of proposed development.
(2) Construction stage.
(a) Within AE Zones where base flood elevation data is available, any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of, a state registered land surveyor and certified by same. The Administrator shall record the elevation of the lowest floor on the development permit. When floodproofing is utilized for a non-residential building, said certification shall be prepared by, or under the direct supervision of, a state registered professional engineer or architect and certified by same.
(b) Within approximate A Zones, where base flood elevation data is not available, the elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building relative to the highest adjacent grade. The Administrator shall record the elevation of the lowest floor on the development permit. When floodproofing is utilized for a non-residential building, said certification shall be prepared by, or under the direct supervision of, a state registered professional engineer or architect and certified by same.
(c) For all new construction and substantial improvements, the permit holder shall provide to the Administrator an as-built certification of the lowest floor elevation or floodproofing level upon the completion of the lowest floor or floodproofing.
(d) Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The Administrator shall review the above referenced certification data. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit the certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.
(1994 Code, § 14-404) (Ord. 514, passed 8-8-1994; Ord. 703, passed 5-24-2010)
(A) Authority. The City Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) Procedure. Meetings of the Municipal Board of Zoning Appeals shall be held at such times, as the Board shall determine. All meetings of the Municipal Board of Zoning Appeals shall be open to the public. The Municipal Board of Zoning Appeals shall adopt rules of procedure and shall keep records of applications and actions thereof, which shall be a public record. Compensation of the members of the Municipal Board of Zoning Appeals shall be set by the legislative body.
(C) Appeals; how taken. An appeal to the Municipal Board of Zoning Appeals may be taken by any person, firm or corporation aggrieved or by any governmental officer, department or bureau affected by any decision of the Administrator based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Municipal Board of Zoning Appeals a notice of appeal, specifying the grounds thereof. In all cases where an appeal is made by a property owner or other interested party, a fee as set forth in the current city fee schedule for the cost of publishing a notice of such hearings shall be paid by the appellant. The Administrator shall transmit to the Municipal Board of Zoning Appeals all papers constituting the record upon which the appeal action was taken. The Municipal Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to parties in interest and decide the same within a reasonable time which shall not be more than ten business days from the date of the hearing. At the hearing, any person or party may appear and be heard in person or by agent or by attorney.
(D) Powers. The Municipal Board of Zoning Appeals shall have the following powers:
(1) Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination or refusal made by the Administrator or other administrative official in carrying out or enforcement of any provisions of this chapter; and
(2) Variance procedures.
(a) In the case of a request for a variance, the following shall apply.
1. The City Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. Variances may be issued for the repair or rehabilitation of historic structures as defined, herein, 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 deviation from the requirements of this chapter to preserve the historic character and design of the structure.
(b) In passing upon such applications, the Municipal Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other property to the injury of others;
2. The danger to life and property due to flooding or erosion;
3. The susceptibility of the proposed facility and its contents to flood damage;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, in the case of a functionally dependent use;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
9. 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; and
10. 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, water systems and streets and bridges.
(c) Upon consideration of the factors listed above, and the purposes of this chapter, the Municipal Board of Zoning Appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes.
(d) Variances shall not be issued within any designated floodway if any increase in flood levels during the base of this chapter.
(1994 Code, § 14-406) (Ord. 514, passed 8-8-1994; Ord. 703, passed 5-24-2010)
(A) Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard and the factors listed in § 153.27 of this chapter.
(B) Variances shall only be issued upon: a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship; or a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(C) Any applicant to whom a variance is granted shall be given written notice that the issuance of a Variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance (as high as $25 for $100) coverage, and that such construction below the base flood elevation increases risks to life and property.
(D) The Administrator shall maintain the records of all appeal actions and report any variances to FEMA upon request.
(1994 Code, § 14-406) (Ord. 514, passed 8-8-1994; Ord. 703, passed 5-24-2010)
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