(a)
The
city manager is hereby appointed to administer and implement the general
provisions of this article.
(b)
The
code enforcement officer is hereby designated as the person responsible
for receiving applications, examining the plans and specifications
for the proposed construction or development, and rendering a decision
on each application.
(2003 Code, sec. 8.21)
Duties and responsibilities of the code enforcement officer
shall include, but not be limited to:
(1)
Maintaining
and holding open for public inspection all records pertaining to the
provisions of this article;
(2)
Reviewing, approving or denying all applications for development permits required by section 3.04.034 of this article;
(3)
Reviewing
permits for proposed development to ensure 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 hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions),
making the necessary interpretation;
(5)
Notifying
the adjacent communities and the state water development board prior
to any alteration or relocation of a watercourse, and submitting evidence
of such a notification to the Federal Insurance Administration;
(6)
Assuring
that maintenance is provided within the altered or relocated portion
of such watercourse so that the flood-carrying capacity is not diminished;
(2003 Code, sec. 8.22)
(a)
The
Code of Ordinances board as established by the city council shall
hear and render judgment on requests for variances from the requirements
of this article.
(b)
The
Code of Ordinances board shall hear and render judgment on an appeal
only when it is alleged there is an error in any requirements, decision,
or determination made by the code enforcement officer in the enforcement
or administration of this article.
(c)
Any
person or persons aggrieved by the decision of the Code of Ordinances
board may appeal such decisions to the city council.
(d)
The
code enforcement officer shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Insurance Administration
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 3.04.036 of this article 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 factors noted above and the intent of this article,
the Code of Ordinances board may attach such conditions to the granting
of variances as it deems necessary to further the purpose 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 a 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 variance will be permitted to be built with the lowest
floor elevation of no more than two (2) feet 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.
(2003 Code, sec. 8.23)
A development permit shall be required to ensure conformance
with the provisions of this article.
(2003 Code, sec. 8.31)
Application for a development permit [shall] be presented to
the code enforcement officer on forms furnished by him 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 structures
shall be floodproofed;
(3)
A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet at the floodproofing criteria in section 3.04.062(2);
(4)
Description
of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development.
(2003 Code, sec. 8.32)
Approval or denial of a development permit by the code enforcement
officer shall be based on all of the provisions of this article and
the following relevant factors:
(1)
The
danger of 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 damages 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.
(2003 Code, sec. 8.33)
