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5601
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Last modified
12/6/2004 2:49:43 PM
Creation date
11/5/2014 12:18:02 PM
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City Ordinances
Passed
5/18/1987
Ordinance Number
5601
Bill Number
7805
Introdate
5/4/1987
Description
Amdg Chap 12A, Floodplain management in order to comply with certain revisions now required by revised federal rules
Introduced By
Adams
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(a) The danger that materials may be swept onto other <br />lands to the injury of others; <br /> (b) The danger to life and property due to flooding or <br />erosion damage; <br /> (c) The susceptibility of the proposed facility and its <br />contents to flood damage and the effect of such damage on <br />the individual owner; <br /> (d) The importance of the services provided by the pro- <br />posed facility to the community; <br /> (e) The necessity to the facility of a waterfront <br />location, where applicable; <br /> (f) The availability of alternative locations, not <br />subject to flooding or erosion damage, for the proposed <br />use; <br /> (g) The compatibility of the proposed use with existing <br />and anticipated development; <br /> (h) The relationship of the proposed use to the compre- <br />hensive plan and floodplain management program for that <br />area; <br /> (i) The safety of access to the property in times of <br />flood for ordinary and emergency vehicles; <br /> (J) The expected heights, velocity, duration, rate or <br />rise and sediment transport of the flood waters and the <br />effects of wave action, if applicable, expected at the <br />site; and <br /> (k) The costs of providing governmental services during <br />and after flood conditions including maintenance and <br />repair of public utilities and facilities such as sewer, <br />gas, electrical and water systems, and streets and <br />bridges. <br /> (1) Generally, variances may be issued for new <br />construction and substantial improvements to be erected on <br />a lot of one-half acre or less in size contiguous to and <br />surrounded by lots with existing structures constructed <br />below the base flood level, providing items (a) through <br />(k) of subsection (5) of this section have been fully <br />considered. As the lot size increases beyond the one-half <br />acre, the technical justification required for issuing the <br />variance increases. <br /> (6) Upon consideration of the factors listed above and <br />the purposes of this chapter, the appeal board may attach <br />such conditions to the granting of variances as it deems <br />necessary to further the purposes of this chapter. <br /> (7) Variances shall not be issued within any designated <br />floodway if any increase in flood levels during the base <br />flood discharge would result. <br /> (8) Conditions for Variances. <br /> (a) Variances shall only be issued upon a determination <br />that the variance is the minimum necessary, considering <br />the flood hazard, to afford relief. <br /> (b) Variances shall only be issued upon <br /> (i) A showing of good and sufficient cause, <br /> (ii) A determination that failure to grant the variance <br />would result in exceptional hardship to the applicant, <br />and <br /> (iii) A determination that the granting of a variance <br />will not result in increased flood heights, additional <br />threats to public safety, extraordinary public expense, <br />create nuisances, cause fraud on or victimization of the <br />public, or conflict with existing local laws or ordinances. <br /> (c) Any applicant to whom a variance is granted shall <br />be given a written notice that the cost of flood insurauce <br />will be commensurate with the increased risk resulting <br />from the reduced lowest floor elevation. <br /> (d) The building commissioner shall maintain the <br />records of all appeal actions and report any variances to <br />the Federal Insurance Administration upon request. <br /> <br /> <br />
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