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This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(1998 Code, § 58-40)
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the City Commission; and
(C) Deemed neither to limit, nor repeal, any other powers granted under state statutes.
(1998 Code, § 58-41)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur, and flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(1998 Code, § 58-42)
ADMINISTRATION
(A) Designation. The Chief Building Official is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and appropriate sections of 44 C.F.R. (the National Flood Insurance Program regulations) pertaining to floodplain management.
(1998 Code, § 58-61)
(B) Duties. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following.
(1) The Floodplain Administrator shall maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
(2) The Floodplain Administrator shall review permit applications to determine whether proposed building sites will be reasonably safe from flooding.
(3) The Floodplain Administrator shall review, approve or deny all applications for development permits required by this chapter.
(4) The Floodplain Administrator shall review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required (including permits required under § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §§ 1251 et seq.).
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
(6) The Floodplain Administrator shall notify, in riverine situations, adjacent communities and the state coordinating agency, which is the State Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) The Floodplain Administrator shall ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with § 157.07 of this chapter, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of §§ 157.40 through 157.45 of this chapter.
(9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
(1998 Code, § 58-62)
(A) Application for a development permit shall be presented to the Floodplain Administrator on forms furnished by him or her and may include, but shall not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations and existing and proposed structures, and their location in relation to areas of special flood hazard. Additionally, the following information is required:
(1) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all new and substantially improved structures;
(2) Elevation, in relation to mean sea level, to which any non-residential structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that the non-residential floodproofed structure shall meet the floodproofing criteria of § 157.41(B) of this chapter;
(4) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and
(5) A record of all such information in accordance with § 157.25(B) of this chapter.
(B) Approval or denial of a development permit by the Floodplain Administrator shall be based on all of the provisions of this chapter and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of others;
(4) The compatibility of the proposed use with existing and anticipated development;
(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(6) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical and water systems;
(7) The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
(10) The relationship of the proposed use to the Comprehensive Plan for that area.
(1998 Code, § 58-63)
(A) The Appeal Board as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter.
(B) The Appeal Board shall hear and render judgment on an appeal only 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) Any person aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction.
(D) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(E) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.
(F) 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 the relevant factors in § 157.26(B) of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(G) Upon consideration of the factors noted in this section and the intent of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter as set out in § 157.03 of this chapter.
(H) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(I) Prerequisites for granting variances are as follows.
(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
(a) Showing a good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the 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.
(J) Variances may be issued by the city for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided that:
(1) The criteria outlined in divisions (A) through (I) above are met; and
(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(1998 Code, § 58-64)
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