The city secretary is appointed to administer and implement
the provisions of this article.
(Ordinance 2-86, sec. 12, adopted 10/21/1986; 1999 Code, sec. 50-61)
Duties and responsibilities of the administrator shall include
but are not limited to:
(1)
Maintain
and hold open for public inspection all records pertaining to the
provisions of this article.
(3)
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),
make the necessary interpretations.
(Ordinance 2-86, sec. 13, adopted 10/21/1986; 1999 Code, sec. 50-62)
(a)
Application
for a development permit shall be presented to the city secretary
on forms furnished by him and may include but is not limited to plans
in duplicate drawn to scale showing the location, dimensions and elevation
of proposed landscape alterations, existing and proposed structures,
and their location 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 3.04.072(2).
(4)
Description of the extent to which natural drainage will be altered
or relocated as a result of proposed development.
(b)
Approval
or denial of a development permit by the city secretary 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 safety of access to the property in times of flood for ordinary
and emergency vehicles.
(4)
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.
(5)
The expected heights, duration and rate of rise of the floodwaters
expected at the site.
(Ordinance 2-86, sec. 14, adopted 10/21/1986; 1999 Code, sec. 50-63)
(a)
The zoning board of adjustment, as established by ordinance of the city on June 21, 1965 (printed in chapter 14, exhibit A of this code) shall hear and render judgment on requests for variances from the requirements of this article.
(b)
The
zoning 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 city secretary in the enforcement or
administration of this article.
(c)
Any
person aggrieved by the decision of the zoning board of adjustment
may appeal such decision in the courts of competent jurisdiction.
(d)
The
city secretary 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 3.04.043(b) 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 previous factors noted in this section and the
intent of this article, the zoning board of adjustment may attach
such conditions to the granting of variances as it deems necessary
to further the purposes and objectives of this article.
(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)
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
(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 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.
(Ordinance 2-86, sec. 15, adopted 10/21/1986; 1999 Code, sec. 50-64)
