Agenda - Council Work Session - 10/17/2023 - Special

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1 (1) Variance applications. An application for a variance to the provisions of this Subdivision will 2 be processed and reviewed in accordance with applicable state statutes and section 117-53. 3 (2) Adherence to state floodplain management standards. A variance must not allow a use that 4 is not allowed in that district, permit a lower degree of flood protection than the regulatory 5 flood protection elevation for the particular area, or permit standards lower than those 6 required by state law. 7 (3) Additional variance criteria. The following additional variance criteria of the Federal 8 Emergency Management Agency must be satisfied: 9 a. Variances must not be issued by a community within any designated regulatory 10 floodway if any increase in flood levels during the base flood discharge would result. 11 b. Variances may only be issued by a community upon (i)a showing of good and sufficient 12 cause, (ii) a determination that failure to grant the variance would result in exceptional 13 hardship to the applicant, and (iii) a determination that the granting of a variance will 14 not result in increased flood heights, additional threats to public safety, extraordinary 15 public expense, create nuisances, cause fraud on or victimization of the public, or 16 conflict with existing local laws or ordinances. 17 C. Variances may only be issued upon a determination that the variance is the minimum 18 necessary, considering the flood hazard,to afford relief. 19 (4) Flood insurance notice.The zoning administrator must notify the applicant for a variance that: 20 a. The issuance of a variance to construct a structure below the base flood level will result 21 in increased premium rates for flood insurance up to amounts as high as $25.00 for 22 $100.00 of insurance coverage; and 23 b. Such construction below the base or regional flood level increases risks to life and 24 property. Such notification must be maintained with a record of all variance actions. 25 (5) General considerations. The city may consider the following factors in granting variances and 26 imposing conditions on variances and conditional uses in floodplains: 27 a. The potential danger to life and property due to increased flood heights or velocities 28 caused by encroachments. 29 b. The danger that materials may be swept onto other lands or downstream to the injury 30 of others. 31 C. The proposed water supply and sanitation systems, if any, and the ability of these 32 systems to minimize the potential for disease, contamination and unsanitary 33 conditions. 34 d. The susceptibility of any proposed use and its contents to flood damage and the effect 35 of such damage on the individual owner. 36 e. The importance of the services to be provided by the proposed use to the community. 37 f. The requirements of the facility for a waterfront location. 38 g. The availability of viable alternative locations for the proposed use that are not subject 39 to flooding. 40 h. The compatibility of the proposed use with existing development and development 41 anticipated in the foreseeable future. 42 i. The relationship of the proposed use to the comprehensive land use plan and flood 43 plain management program for the area. 44 j. The safety of access to the property in times of flood for ordinary and emergency 45 vehicles. 46 k. The expected heights, velocity, duration, rate of rise and sediment transport of the 47 flood waters expected at the site. 48 (6) Submittal of hearing notices to the department of natural resources (DNR). The zoning 49 administrator must submit hearing notices for proposed variances to the DNR sufficiently in Page 128 of 160