§ 11.03.05. Special procedures regarding flood prevention regulations.

In addition to the findings required above, the construction board shall consider requested variances that may result in an increase in the elevation of the base flood, additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, in relation to the requirements of part 6.03.00 of this Code.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places without regard to the procedures set forth in the remainder of this section.

A.

Procedures and considerations. In passing upon such applications, the construction board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, and:

1.

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

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site;

11.

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, and water systems, and streets and bridges; and

12.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in section 11.03.05A, 1 through 11, hereinabove, have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B.

Floodway limitation. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

C.

Notice of insurance increase. Should a variance be granted, the applicant shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

D.

Recordkeeping and audit. The building official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.