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(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)
FLOOD HAZARD REDUCTION PROVISIONS
In all areas of special flood hazard, the following provisions are required for all new construction and substantial improvements.
(A) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage.
(D) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering and accumulating within the components during conditions of flooding.
(E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(G) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(H) All new construction or any substantial improvement located in a non-special flood hazard shall be constructed at seven feet mean sea level or 18 inches above the curb of the street, whichever is greater.
(1998 Code, § 58-81) (Ord. 08-16, passed 5-7-2008)
(A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this division (A), as proposed in § 157.26(A)(1) of this chapter, is satisfied.
(B) Non-residential construction. New construction and substantial improvements of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this division (B). A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(C) Enclosures. New construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria.
(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, valves or other coverings or devices; provided that, they permit the automatic entry and exit of floodwaters.
(D) Manufactured homes.
(1) All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(2) All manufactured homes shall be in compliance with division (D)(1) above.
(3) All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the community’s FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of this division (D).
(1998 Code, § 58-82)
(C) Base flood elevation data shall be generated for subdivision proposals and other proposed developments, including manufactured home parks and subdivisions, which are greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to §§ 157.07 or 157.25(B)(8) of this chapter.
(D) All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
(E) All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
(1998 Code, § 58-83)
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