(a) 
The city manager is hereby appointed as inspector to administer and implement the provisions of this article.
(b) 
The duties and responsibilities of the inspector shall include, but not be limited to:
(1) 
Maintain and hold open for public inspection all records pertaining to the provisions of this article;
(2) 
Review, approve or deny all applications for development permits required by section 3.07.032 of this article;
(3) 
Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
(4) 
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 inspector shall make the necessary interpretation, subject to right of appeal to the city council. An appeal hearing shall be held within ten days from the date of written request, and a decision thereon shall be delivered to the appellant within ten days thereafter;
(5) 
Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished; and
(6) 
When base flood elevation data has not been provided in accordance with section 3.07.003, the inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of this article.
(2002 Code, sec. 151.35)
(a) 
Application for a development permit in areas of special flood hazard shall be presented to the inspector on forms furnished by him or her 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 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 proposed 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 3.07.063; and
(4) 
Description of the extent to which any watercourse or natural drainage, or the extent to which the holding capacity or storage of the natural reservoir, will be altered or relocated as a result of proposed development.
(b) 
Approval or denial of a development permit by the inspector shall be based on all of the provisions of this article, the information provided in the application 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 the damage on the individual owner;
(3) 
The danger that materials may be swept onto other lands to the injury of others;
(4) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(5) 
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; and
(6) 
The expected heights, velocity, duration and rate of rise and sediment transport of the floodwaters expected at the site.
(2002 Code, sec. 151.37)
(a) 
The zoning board, as established by article 14.02 of this code, shall hear and render judgment on requests for variances from the requirements of this article.
(b) 
The zoning 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 inspector in the enforcement or administration of this article. A hearing shall be held within ten days from the receipt of written request, and in the absence of a decision favorable to the appellant being rendered within ten days, the decision of the inspector shall be upheld.
(c) 
Any person or persons aggrieved by the decision of the zoning board may appeal the decision in the courts of competent jurisdiction.
(d) 
The inspector 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) 
Generally, 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 section 3.07.033(b) have been fully considered. As the lot size increases beyond the one-half 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 zoning board may attach conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article, such as filing a public record of the fact that a structure is granted a variance although susceptible to 1% chance of flooding.
(h) 
Variances shall not be issued if any increase in flood levels during the base flood discharge would result.
(i) 
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) 
A showing of good and sufficient cause;
(B) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and/or
(C) 
A determination that the granting of a variance will not result in increased flood heights, will not diminish the holding capacity of the natural reservoir or increase flood levels during the base flood discharge, and will not create 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 a lowest floor elevation not to exceed one foot 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.
(2002 Code, sec. 151.38)