§ 10.02.03. Special provisions where variance is sought to requirements to flood damage prevention regulations.

(a)

Additional finding. In addition to the findings required in sections 10.02.03 and 10.02.02, the development review board shall find that the requested variance will not 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, or conflicts with other local ordinances.

(b)

Considerations. Before granting a variance, the development review board shall consider:

(1)

The danger that materials may be swept from the site onto other lands.

(2)

The danger to life and property from flooding or erosion.

(3)

The potential of the proposed facility and its contents to cause flood damage and the effect of that damage on the owner and the public.

(4)

The importance of the services provided by the proposed facility to the community, and whether it is a functionally dependent facility.

(5)

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

(6)

The compatibility of the proposed use with existing and anticipated neighboring development.

(7)

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

(8)

Safe vehicular access to the property in times of flood.

(9)

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

(10)

The costs of providing governmental services during and after floods including maintenance and repair of public utilities and facilities.

(11)

The required stormwater management improvements are physically impractical to implement.

(12)

That the application of these stormwater management regulations would result in conditions contrary to other code requirements such as the loss of required parking spaces, the loss of mature trees and/or specimen landscape features, or the creation of traffic safety hazards.

(c)

Special restriction for regulatory floodways. Variances that would increase flood levels during the base flood shall not be issued within any regulatory floodway.

(d)

Flowage easements. No variance that would increase flood damage on other property shall be granted unless flowage easements have been obtained from the owners of all affected properties. In no event shall a variance be granted that would increase the elevation of the base flood more than one foot.

(e)

Notification. All variances to the flood damage prevention regulations shall:

(1)

Specify the difference between the flood protection elevation and the elevation to which the structure is to be built.

(2)

State that the variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.

(3)

State that construction below the flood protection level increases risks to life and property.

(f)

Historic properties. Notwithstanding the foregoing requirements, special variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on, or classified as contributing to a district listed on, the National Register of Historic Places, the local register of historic places or the State Inventory of Historic Places. The special variance shall be the minimum necessary to protect the historic character and design of the structure. No special variance shall be granted if the proposed construction, rehabilitation or restoration will cause the structure to lose its historical designation.

(Ord. No. 91-6, § 3(10.02.03), 2-11-1992)