§ 158.069 FLOODPLAIN DEVELOPMENT PERMIT; VARIANCES.
   (A)   Permit required. A floodplain development permit issued by the Administrator shall be secured prior to any floodplain development (any human-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory-built homes.
   (B)   Application for permit. Application shall be made on forms furnished by the Administrator and shall include the following:
      (1)   Description of the work to be covered by the permit for which application is to be made;
      (2)   Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) that will readily identify and locate the work to be done;
      (3)   Indication of the use or occupancy for which the proposed work is intended;
      (4)   Elevation of the 100-year flood;
      (5)   Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood-proofed;
      (6)   For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements; and
      (7)   Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this subchapter.
   (C)   Action on permit application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable standards of this subchapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances, except as directed by the city’s Board of Adjustment.
   (D)   Construction and use to be as provided in application and plans. Floodplain Development Permits based on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this subchapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the state, that the finished fill, building floor elevations, flood-proofing or other flood protection measures were accomplished in compliance with the provisions of this subchapter, prior to the use or occupancy of any structure.
   (E)   Variance.
      (1)   General. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this subchapter that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.
         (a)   Variances shall only be granted 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 the 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 codes or ordinances.
         (b)   Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
         (c)   In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that:
            1.   The issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
            2.   Such construction increases risks to life and property.
      (2)   Factors upon which the decision of the Board of Adjustment shall be based. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this subchapter and:
         (a)   The danger to life and property due to increased flood heights or velocities caused by encroachments;
         (b)   The danger that materials may be swept on to other land or downstream to the injury of others;
         (c)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
         (d)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
         (e)   The importance of the services provided by the proposed facility to the city;
         (f)   The requirements of the facility for a floodplain location;
         (g)   The availability of alternative locations not subject to flooding for the proposed use;
         (h)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
         (i)   The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
         (j)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
         (k)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site;
         (l)   The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges; and
         (m)   Such other factors which are relevant to the purpose of this chapter.
      (3)   Conditions attached to variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this subchapter. Such conditions may include, but not necessarily be limited to:
         (a)   Modification of waste disposal and water supply facilities;
         (b)   Limitation of periods of use and operation;
         (c)   Imposition of operational controls, sureties and deed restrictions;
         (d)   Requirements for construction of channel modifications, dikes, levees and other protective measures; provided, such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this subchapter; and
         (e)   Flood-proofing measures.
(2011 Code, § 34.04050.27)