2015-11-02 P & Z Packet - Laserfiche WebLink

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Ordinance Language Commentary degree of flood protection than the regulatory flood protection must establish a board of adjustment to hear elevation for the particular area,or permit standards lower than those appeals of the ordinance,including variance required by state law. requests. In many communities, the city 10.33 Additional Variance Criteria.The following additional variance criteria council,county board,or planning of the Federal Emergency Management Agency must be satisfied: commission serves as the board of adjustment. If a community does not have (a) Variances must not be issued by a community within any existing variance procedures ora board of designated regulatory floodway if any increase in flood levels adjustment,contact floodplain Program staff during the base flood discharge would result. for sample ordinance language. (b) Variances may only be issued by a community upon(i)a showing of good and sufficient cause,(ii)a determination that failure to The language in Section 10.33(a—cJ is grant the variance would result in exceptional hardship to the language required by FEMA and must be applicant,and(iii)a determination that the granting of a variance adopted verbatim. Note specifically that the will not result in increased flood heights,additional threats to reference to "exceptional hardship"in(b)(Y) public safety,extraordinary public expense,create nuisances, must remain in the ordinance,although it has cause fraud on or victimization of the public,or conflict with been replaced by the term practical existing local laws or ordinances. difficulties"in state zoning enabling statutes. (c) Variances may only be issued upon a determination that the variance is the minimum necessary,considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the Section 10.34 is required by FEMA. applicant for a variance 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 for $100 of insurance coverage;and 2)Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following Section 10.35 is optional but recommended factors in granting variances and imposing conditions on variances as guidance for communities in reviewing and conditional uses in floodplains: variance applications. The same factors are (a) The potential danger to life and property due to increased flood recommended for review of conditional use heights or velocities caused by encroachments; applications,below. (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems,if any,and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; July 2015 18