A. Only the City Council may grant variances to this Chapter. In passing upon requests for variances, the City shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, and:
1. The danger that materials being swept onto other lands and injuring others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents of flood damage and the effects of such damage on the existing individual owner and future owners of the property;
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 flood plain 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;
11. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
B. Any applicant to whom a variance is granted shall be given written notice over the signature of the Local Flood Plain Administrator 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage;
2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Flood Plain Administrator in the office of the Elko County Recorder and shall be recorded in a manner so that it appears as an exception on the title of the affected parcel of land.
C. The Flood Plain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 99-02, 7-6-1999)
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