A. No permit shall be issued for any development that is not in conformance with this title, or any other provision of law relating to such development. A floodplain use permit shall be denied if the proposed development constitutes a danger or hazard to life or property.
B. In making such a determination, the chief engineer shall consider the following factors:
1. The danger to life, person, or property due to flood heights, velocities, or redirection of flow caused by the development;
2. The danger that materials may be swept onto other lands;
3. The proposed water supply and sanitation systems of any development and the ability of these systems to prevent disease, contamination, and unsanitary conditions, if they should become flooded or eroded;
4. The susceptibility of the proposed development or its contents to flood or erosion damage, and the effect of such damage on the individual owners;
5. The availability of alternative locations for the proposed use on the same property, which are in areas least likely to be subject to flooding or erosion;
6. The compatibility of the proposed use with existing regulatory floodplain uses and with floodplain management programs anticipated in the foreseeable future;
7. The relationship of the proposed use to any comprehensive plan and floodplain management program for the area;
8. The ability of conventional and emergency vehicles to access the property in times of flooding;
9. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site under both existing and proposed conditions;
10. Where disturbance to riparian habitat can be avoided, by the availability of alternative locations for the proposed use on the same property, as required under Chapter 16.30 of this title; and
11. Such other factors that may be relevant to the purposes of this title.
C. Any applicant aggrieved by the written finding of the chief engineer to deny a permit may appeal that decision pursuant to Chapter 16.56 of this title.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 7 (D), 1988)