The planning manager, or his appointee, is hereby appointed
the floodplain administrator to administer and implement the provisions
of this article and other appropriate sections of 44 CFR (National
Flood Insurance Program regulations) pertaining to floodplain management.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-37; Ordinance 24-011 adopted 3/19/2024)
Duties and responsibilities of the floodplain administrator
shall include, but not be limited to, the following:
(1)
Maintain and hold open for public inspection all records pertaining
to the provisions of this article.
(2)
Review permit applications to determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding.
(3)
Review, approve or deny all applications for development permits
required by adoption of this article.
(4)
Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval
is required.
(5)
Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (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)
Notify, in riverine situations, adjacent communities and the
state water development board, prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(7)
Assure 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 section 24.05.007, 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 division 3.
(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 (1) foot
at any point within the community.
(10)
Under the provisions of 44 CFR chapter 1, section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one (1) foot, provided that the community first applies for a conditional FIRM revision through FEMA.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-38; Ordinance 17-008, sec. 31, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
(a)
Application for a development permit, in the floodplain, shall
be presented to the floodplain administrator on forms furnished by
them and may include, but not be limited to, plans in duplicate drawn
to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the foregoing
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 nonresidential
structure shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 24.05.072(2);
(4)
Description of the extent to which any watercourse or natural
drainage will be altered or relocated as a result of proposed development;
(5)
Maintain a record of all such information in accordance with section 24.05.042(1).
(b)
Approval or denial of a development permit by the floodplain
administrator shall be based on all of the provisions of this article
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 heights, 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;
(10)
The relationship of the proposed use to the comprehensive plan
for that area.
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-39; Ordinance 17-008, sec. 32, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
(a)
The board of adjustment shall hear and render judgment on requests
for variances from the requirements of this article.
(b)
The board of adjustment 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 article.
(c)
Any person or persons aggrieved by the decision of the board
of adjustment may appeal such decision in a court 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 article.
(f)
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) 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 section 24.05.043(b) of this article have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
(g)
Upon consideration of the factors noted above and the intent of this article, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of section 24.05.003.
(h)
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
(i)
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 a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(j)
Prerequisites for granting variances:
(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 on 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.
(k)
Variances may be issued by a community for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, sec. 6-40; Ordinance 17-008, sec. 33, adopted 2/7/17; Ordinance 24-011 adopted 3/19/2024)
