Ordinance - #15-15 - 11/24/2015 - Laserfiche WebLink

Home

result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b. Such construction below the base or regional flood level increases risks to life and property. Such notificationmust be maintained with a record of all variance actions. (5) General Considerations. The city may consider the following factors ingranting variances and imposing conditions on variances and conditional uses in floodplains: a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions. d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services to be provided by the proposed use to the community. f. The requirements of the facility for a waterfront location. g. The availability of viable alternative locations for the proposed use that are not subject to flooding. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. (6) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (7) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (8) Record -Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (d) Conditional Uses. (1) Administrative Review. An application for a conditional use permit under the provisions of this Subdivision will be processed and reviewed in accordance with Section 117-51 of the City Code. (2) Factors Used in Decision -Making. In passing upon conditional use applications, the City Council will consider all relevant factors specified in other sections of this Subdivision, and those factors identified in Section 117-189 (c)(5).