22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

Home Browse Search

description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. C. All applications for variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City. (2) Notice for Public Hearing. The Appeals Board shall schedule and hold a public hearing within thirty (3 0) days after the receipt of an appli- cation for a variance from the Floodplain Administrator. Notice of such hearing shall be given consistent with Section 107.11. (3) Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards speci- fied in other sections of these regulations and the following factors: A. the danger that materials maybe 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 owner; D. the importance of the services provided by the proposed facility to the City; E. the availability of alternative locations for the proposed use that are not subject to flooding or erosion damage; F. the necessity to the facility of a waterfront location, where applica- ble; G. the compatibility of the proposed use with 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 fa- cilities such as sewer, gas, electrical, and water systems, and streets and bridges. (4) Factors for Variances. 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 due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant; C. a determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regula- tions; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with exist- ing local laws; D. a determination that the structure or other development is protected by methods to minimize flood damages; and E. a determination that the variance is the minimum necessary, con- sidering the flood hazard, to afford relief. Upon consideration of the above factors and the purposes of these reg- ulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regu- lations. 41