(a)
The
city secretary is hereby appointed the floodplain administrator to
administer and implement the provisions of this article and other
appropriate sections of 44 CFR parts 59 through 77 (National Flood
Insurance Program regulations) pertaining to floodplain management.
(b)
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 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. 1344) 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
coordinating agency, which is the state commission on environmental
quality, 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 3.05.007, 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 of this article.
(1997 Code, sec. 153.40)
(a)
The
city council, acting as the appeal board, shall hear and render judgment
on requests for variances from the requirements of this article.
(b)
The
appeal 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 floodplain administrator in the enforcement or administration
of this article.
(c)
Any
person or persons aggrieved by the decision of the appeal board may
appeal such decision in the courts 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 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 3.05.043 have been fully considered. As the lot size increases beyond the 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 appeal 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:
(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 showing a good and sufficient
cause; a determination that failure to grant the variance would result
in exceptional hardship to the applicant; and 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.
(j)
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 the criteria outlined in subsections (a) through (i) of this section are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ordinance adopting Code; 1997 Code,
sec. 153.41)
