§ 153.61  APPEAL BOARD.
   (A)   The Floodplain Board of the City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
   (B)   The Floodplain Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
   (C)   In passing upon such applications, the Floodplain Board shall consider all technical evaluations, 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 of 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 time of flood for ordinary and emergency vehicles;
      (10)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters 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, water system and streets and bridges.
   (D)   Upon consideration of the factors of division (C) of this section and the purposes of this chapter, the Floodplain Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
   (E)   Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
      (1)   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
      (2)   Such construction below the base flood level increases risks to life and property; and
      (3)   The land upon which the variance is granted shall be ineligible for exchange of state land pursuant to the flood relocation and land exchange program provided by A.R.S. Title 26, Chapter 2, Article 2. A copy of the notice shall be recorded in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
   (F)   The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance and report such variances issued in its biennial report submitted to Federal Emergency Management Agency.
(Ord. 590-12, passed 6-13-2012; Ord. passed 8-15-2016)