Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 (5) Record o f first floor elevation. The zoning administrator must maintain a record of the elevation 2 of the lowest floor (including basement) of all new structures and alterations or additions to 3 existing structures in the floodplain. The zoning administrator must also maintain a record of 4 the elevation to which structures and alterations or additions to structures are floodproofed. 5 (6) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a 6 river or stream, the zoning administrator must notify adjacent communities. If the applicant has 7 applied for a peiniit to work in public waters pursuant to Minn. Stats. § 103G.245, this will 8 suffice as adequate notice. A copy of the notification must also be submitted to the Chicago 9 Regional Office of FEMA. 10 (7) Notification to FEMA when physical changes increase or decrease base flood elevations. As 11 soon as is practicable, but not later than six months after the date such supporting information 12 becomes available, the zoning administrator must notify the Chicago Regional Office of FEMA 13 of the changes by submitting a copy of the relevant technical or scientific data. 14 (C) Variances. 15 (1) Variance applications. An application for a variance to the provisions of this Subdivision will 16 be processed and reviewed in accordance with applicable state statutes and section 220. 17 (2) Adherence to state floodplain management standards. A variance must not allow a use that is 18 not allowed in that district, permit a lower degree of flood protection than the regulatory flood 19 protection elevation for the particular area, or permit standards lower than those required by 20 state law. 21 (3) Additional variance criteria. The following additional variance criteria of the Federal 22 Emergency Management Agency must be satisfied: 23 a. Variances must not be issued by a community within any designated regulatory floodway 24 if any increase in flood levels during the base flood discharge would result. 25 b. Variances may only be issued by a community upon (i) a showing of good and sufficient 26 cause, (ii) a determination that failure to grant the variance would result in exceptional 27 hardship to the applicant, and (iii) a determination that the granting of a variance will not 28 result in increased flood heights, additional threats to public safety, extraordinary public 29 expense, create nuisances, cause fraud on or victimization of the public, or conflict with 30 existing local laws or ordinances. 31 c. Variances may only be issued upon a determination that the variance is the minimum 32 necessary, considering the flood hazard, to afford relief. 33 (4) Flood insurance notice. The zoning administrator must notify the applicant for a variance that: 34 a. The issuance of a variance to construct a structure below the base flood level will result 35 in increased premium rates for flood insurance up to amounts as high as $25.00 for 36 $100.00 of insurance coverage; and 37 b. Such construction below the base or regional flood level increases risks to life and 38 property. Such notification must be maintained with a record of all variance actions. 39 (5) General considerations. The city may consider the following factors in granting variances and 40 imposing conditions on variances and conditional uses in floodplains: 41 a. The potential danger to life and property due to increased flood heights or velocities 42 caused by encroachments. 43 b. The danger that materials may be swept onto other lands or downstream to the injury of 44 others. 45 c. The proposed water supply and sanitation systems, if any, and the ability of these systems 46 to minimize the potential for disease, contamination and unsanitary conditions. 47 d. The susceptibility of any proposed use and its contents to flood damage and the effect of 48 such damage on the individual owner. 49 e. The importance of the services to be provided by the proposed use to the community. 50 f. The requirements of the facility for a waterfront location. 51 g. The availability of viable alternative locations for the proposed use that are not subject 52 to flooding. Attachment A — Ordinance #23-14 Page 113 of 141