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(A) All Zone A areas on the FIRM are subject to inundation of the base flood; however, the base flood elevations are not provided. Zone A areas shall be subject to all development provisions of this chapter. If Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state, or other sources, including from a study commissioned by the applicant pursuant to best technical practices.
(B) Until a floodway has been designated, no development or substantial improvement may be permitted within the floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the base flood more than one foot at any location as shown in the Flood Insurance Study or on base flood elevation determinations.
(Ord. 734, passed 3-8-2023)
(A) The Board of Appeals as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(C) Any person aggrieved by the decision of the Board of Appeals or any taxpayer may appeal such decision to the District Court as provided in Neb. RS 23-168 (for counties) and Neb. RS 19-912 (for municipalities).
(D) In evaluating such appeals and requests, the Board of Appeals shall consider technical evaluation, all relevant factors, standards specified in other sections of this chapter, and:
(1) The danger to life and property due to flooding or erosion damage;
(2) The danger that materials may be swept onto other lands to the injury of others;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to have a waterfront location, where applicable;
(6) The availability of alternative locations that are 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 the 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 government services during and after flood conditions including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
(Ord. 734, passed 3-8-2023)
(A) Variances shall only be issued upon a showing of good and sufficient cause and also upon a determination that failure to grant the variance would result in an exceptional hardship to the applicant.
(B) Variances shall only be issued based upon a determination that the granting of a variance will not result in increased flood heights.
(C) Variances shall only be issued based upon a determination that the granting of a variance will not result in 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.
(D) 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 division (E) below has been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(E) 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 an historic structure on the National Register of Historic Places and the variance is the minimum necessary to preserve the historic character and design of the structure.
(F) Variances shall not be issued within any designated flood way if any increase in water surface elevations along the floodway profile during the base flood discharge would result.
(G) Variances shall only be issued upon a determination that the variance in the minimum necessary, considering the flood hazard, to afford relief.
(H) The applicant shall be given a written notice over the signature of a community that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and also that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.
(I) All requests for variances and associated actions and documents, including justification for their issuance, shall be maintained by the community.
(J) Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures provided the requirements of this section and the following are satisfied:
(1) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(2) Has low damage potential (amount of physical damage, contents damage, and loss of function).
(3) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
(4) Complies with the wet floodproofing construction requirements of § 154.41(C) of this chapter.
(Ord. 734, passed 3-8-2023)
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