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§ 152.18 SUBDIVISION APPLICATIONS.
   The Governing Body of the city shall review all subdivision applications and other proposed new developments (including manufactured home parks or subdivisions) and shall make findings of fact and assure that:
   (A)   All such proposed developments are consistent with the need to minimize flood damage;
   (B)   Subdivision proposals and other proposed new developments (including proposals for manufactured home parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas;
   (C)   Adequate drainage is provided so as to reduce exposure to flood hazards; and
   (D)   All public utilities and facilities are located so as to minimize or eliminate flood damage.
(Ord. 621, passed 3-4-2008)
REQUIREMENTS AND EXCEPTIONS
§ 152.30 WATER AND SEWAGE SYSTEMS.
   New and replacement water and sewage systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.
(Ord. 621, passed 3-4-2008)
§ 152.31 STORAGE OF MATERIAL AND EQUIPMENT.
   The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
(Ord. 621, passed 3-4-2008)
§ 152.32 FLOOD-CARRYING CAPACITY WITHIN ANY WATERCOURSE.
   The Governing Body of the city will ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The city will notify, in riverine situations, adjacent communities and the State Coordinating Office (Nebraska Department of Natural Resources) prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the city will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1973.
(Ord. 621, passed 3-4-2008)
§ 152.33 VARIANCE PROCEDURES.
   (A)   The Board of Adjustment as established by the City of Loup City shall hear and decide appeals and requests for variances from the requirements of this chapter.
   (B)   The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the City Clerk in the enforcement or administration of this chapter.
   (C)   Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Neb. RS 23-168.01 through 23-168.04; Neb. RS 19-912.
   (D)   In passing upon such applications, the Board of Adjustment shall consider all technical evaluation, 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 others;
      (2)   The danger to life and property due to flooding or erosion damage;
      (3)   The susceptibility of proposed facility 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 facility to the community;
      (5)   The necessity to the facility of a waterfront location, where applicable;
      (6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      (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; and
      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles:
         (a)   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
         (b)   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)   Conditions for variances are as follows:
      (1)   Generally variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (E)(2) through (E)(5) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
      (2)   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.
      (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, or conflict with existing local laws or ordinances.
      (5)   The applicant shall be given a written notice over the signature of a community official that:
         (a)   The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
         (b)   Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.
(Ord. 621, passed 3-4-2008)
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