[Amended 2-2-2010 by Ord. No. 10-01]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 7-129. Application of a development permit shall be made on forms furnished by the City Engineer and may include, but not be limited to:
A.
Plans in duplicate drawn to scale showing the nature, location, dimensions,
and elevations of the area in question; existing or proposed structures,
fill, storage of materials, drainage facilities, and the location
of the foregoing.
B.
Specifically, the following information is required:
(1)
Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
(2)
Elevation in relation to mean sea level to which any structure has
been floodproofed;
(3)
Certification by a registered professional engineer that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 7-139;
(4)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development;
The City engineer is hereby appointed to administer
and implement this Part 8 by granting or denying development permit
applications in accordance with its provisions.
[Amended 2-2-2010 by Ord. No. 10-01]
Duties of the City Engineer shall include but not be limited
to:
A.
Permit Review.
B.
Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with § 7-129, Basis for establishing the areas of special flood hazard, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring that new construction, substantial improvements, or other development in Zone A are administered in accordance with § 7-140, Specific standards.
C.
Information to be Obtained and Maintained.
D.
Alteration of Watercourses.
(1)
Notify adjacent communities and the Wyoming Emergency Management
Agency prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Wyoming Office of Homeland
Security.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
E.
Interpretation of FIRM Boundaries. Make interpretations, where 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 person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 7-137.
F.
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 City'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 foot at
any point within the City.
G.
Under the provisions of 44 CFR Chapter 1, § 65.12, of the National Flood Insurance Program regulations, the City may approve development in Zones A1-30, AE and AH on the City's FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the City first applies for a conditional FIRM revision through FEMA (conditional letter of map revision).
[Amended 2-2-2010 by Ord. No. 10-01]
A.
Appeal Board.
(1)
The governing body of the City of Evanston shall hear and decide
appeals and requests for variances from the requirements of this Part
8.
(2)
The governing body shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the City Engineer in the enforcement or administration of this
Part 8.
(3)
Those aggrieved by the decision of the governing body, or any taxpayer,
may appeal such decisions to the District Court as provided in Rule
12 of the Wyoming Rules of Appellate Procedure.
(4)
In passing upon such applications, the governing body shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Part 8, and:
(a)
The danger that materials may be swept onto other lands to the
injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners;
(d)
The importance of the services provided by the proposed facility
to the community;
(e)
The necessity to the facility of a waterfront location, where
applicable;
(f)
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with the existing and
anticipated development;
(h)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for that area;
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(j)
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; and
(k)
the costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
streets and bridges.
(6)
The City Engineer shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Emergency Management Agency.
B.
Conditions for Variances.
(1)
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 items (a) through (k) in § 7-137A(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases.
(2)
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 an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(5)
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, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in Subsection A(4) or conflict with existing local laws or ordinances.
(6)
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 below the base flood elevation and that the cost of flood insurance
will be commensurate with the increased risk from the reduced lowest-floor
elevation.
