§ 42-24. Appeal board.

(a)

The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)

The city council shall hear and decide appeals 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.

(c)

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

(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 existing individual owner and future owners of the property;

(4)

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

(5)

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

(6)

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

(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 time of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

(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.

(d)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

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 $25.00 for $100.00 of insurance coverage; and

(2)

Such construction below the base flood level increases risks to life and property.

A copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(e)

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the biennial report submitted to the Federal Insurance Administration of the Federal Emergency Management Agency.

(Ord. No. 99-11, § 3(16A.44.240), 6-16-1999)

Cross reference

Boards, commissions, committees, agencies and authorities, § 2-236 et seq.