§ 13-02-040. Variance procedures.

(a)

Board of appeals.

(1)

The city commission shall hear and render judgment on requests for variances from the requirements of this chapter.

(2)

The city commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.

(3)

Any person or persons aggrieved by the decision of the city commission may appeal such decision in the courts of competent jurisdiction.

(4)

In passing upon such applications, the city commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger of 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 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 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 time of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters 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, water system and streets and bridges.

(b)

Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance commensurate with the increased risks.

The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance.

(Ord. No. 1388, 12-7-10; Ord. No. 1569 , 6-13-18)