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(A) Lands to Which This Chapter Applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.
(B) Basis for Establishing the Areas of Special Flood Hazard: The areas of special flood hazard identified by the Federal Insurance Administration in its Flood Hazard Boundary Map (FHBM), No. H 01, dated April 18, 1975, and any revision thereto are adopted by reference and declared to be a part of this Chapter.
(C) Compliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations.
(D) Abrogation and Greater Restrictions: This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(E) Interpretation: In the interpretation and application of this Chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and,
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
(F) Warning and Disclaimer of Liability: The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards 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 City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. 174, 11-4-80)
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 4-1-5(B). The permit shall be for all structures including mobile homes, as set forth in the "Definitions", and for all other development including fill and other activities, also as set forth in the "Definitions". Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage or materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(A) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(B) Elevation in relation to mean sea level to which any structure has been floodproofed;
(C) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 4-1-7-2(B) hereof; and
(D) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 174, 11-4-80)
Duties of the City shall include but not be limited to:
(A) Permit Review: Review all development permits to determine if proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this Chapter, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.
1. If it is determined that there is no adverse effect, then the permit shall be granted consistent with provisions of this Chapter without further consideration of these effects.
2. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.
(B) Use of Other Base Flood Data: When base flood elevation data has not been provided in accordance with Section 4-1-5(B) hereof, the City shall obtain, review and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 4-1-7-1(B)1 and (B)2.
(C) Information to be Obtained and Maintained:
1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. For all new or substantially improved floodproofed structures:
a. Verify and record the actual elevation (in relation to mean sea level; and
b. Maintain the floodproofing certifications required in Section 4-1-6-3(A) hereof.
3. Maintain for public inspection all records pertaining to the provisions of this Chapter.
(D) Alteration of Watercourses:
1. Notify adjacent communities and the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished.
(E) Interpretation of FHBM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be conflict between a mapped boundary and actual field conditions). (Ord. 174, 11-4-80)
(A) Appeal Board:
1. The City shall hear and decide appeals and requests for variances from the requirements of this Chapter.
2. The City shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made in the enforcement or administration of this Chapter.
3. Those aggrieved by the decision of the City, or any taxpayer, may appeal such decision to the appropriate court, as provided by law.
4. In passing upon such applications, the City shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter and:
a. The danger that materials may be swept onto other land to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations, for the proposed use, which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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,
k. 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.
5. Generally, 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 items A4a through A4i of this subsection 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.
6. Upon consideration of the factors of Section 4-1-6-4A4 and the purposes of this Chapter, the City may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
7. The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(B) Conditions for Variances:
1. 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 Section.
2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that 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 as identified in Section 4-1-6-4A4 hereof, or conflict with existing local laws or ordinances.
5. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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. (Ord. 174, 11-4-80)
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