(A) Zoning clearance permits and maintenance of records.
(1) Zoning clearance permit required. A zoning clearance permit shall be obtained before construction or development begins within any area of special flood hazard established in this chapter. The permit shall be for all structures, including manufactured dwellings, as defined herein, and for all development including grading, filling, storage of materials and other activities, also as defined herein.
(2) Application for zoning clearance permit. 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 of 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 of floodproofing in any structure;
(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 153.079(B)(2); and
(d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.
(B) Designation of the local administrator. The City Manager is hereby appointed to administer and implement the provisions of this section by granting or denying development permit applications in accordance with the provisions herein.
(C) Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to, the following.
(1) Permit review. The local administrator shall:
(a) Review all development permits to determine that the permit requirements of these Floodplain Overlay Zone regulations have been satisfied;
(b) Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required; and
(c) Review all development permits to determine if the proposed development is located in the floodway and, if located in the floodway, assure compliance with the encroachment provisions of § 153.079(D).
(2) Use of other base flood data (in A Zones). When base flood elevation data has not been provided (A Zones) in accordance with § 153.077(B), the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 153.079(B) and (D).
(3) Information to be obtained and maintained. The local administrator shall:
(a) Where base flood elevation data is provided through the flood insurance study, FIRM or required as in division (C)(2) above, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basements and below-grade crawlspaces) of all new or substantially improved structures, and whether or not the structure contains a basement; and
(b) For all new or substantially improved floodproofed structures where base flood elevation data is provided through the flood insurance study, FIRM or as required in division (C)(2) above:
1. Verify and record the actual elevation (in relation to mean seal level); and
2. Maintain the floodproofing certifications required in division (A)(2)(c) above.
(c) Maintain for public inspection all records pertaining to the provisions of these Floodplain Overlay Zone regulations.
(4) Alteration of watercourses. The local administrator shall:
(a) Notify adjacent communities, the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5) Requirement to submit new technical data. The local administrator shall:
(a) Notify FEMA within six months of project completion when an applicant had obtained a conditional letter of map revision (CLOMR) from FEMA, or when development altered a watercourse, modified floodplain boundaries or modified base flood elevations. This notification shall be provided as a letter of map revision (LOMR);
(b) The property owner shall be responsible for preparing technical data to support the LOMR application and paying any processing or application fees to FEMA; and
(c) The Floodplain Administrator shall be under no obligation to sign the community acknowledgment form, which is part of the CLOMR/LOMR application, until the applicant demonstrates that the project will or has met the requirements of this code and all applicable state and federal laws.
(6) Interpretation of FIRM boundaries. The local administrator shall 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 a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in division (D) below.
(D) Variance procedure.
(1) Appeal Board.
(a) The Planning Commission shall hear and decide appeals and requests for variances from the requirements of these Floodplain Overlay Zone regulations.
(b) The Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city in the enforcement or administration of these Floodplain Overlay Zone regulations.
(c) Those aggrieved by the decision of the Planning Commission, or any taxpayer, may appeal such decision to the City Council.
(d) In passing upon such applications, the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of these Floodplain Overlay Zone regulations 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 the 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 for the proposed use 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) Upon consideration of the factors of division (D)(1)(d) above and the purposes of these Floodplain Overlay Zone regulations, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of these Floodplain Overlay Zone regulations.
(f) The local Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(2) Conditions for variances.
(a) Generally, the only condition under which a variance from the elevation standard may be issued is 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 items listed in divisions (D)(1)(d)1. through (D)(1)(d)11. above have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
(b) 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.
(c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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, nor conflict with existing local laws or ordinances.
(f) Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece or property, they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
(g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except division (D)(2)(a) above and otherwise complies with § 153.079(A)(1) through (A)(3).
(h) 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. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018)