Permit Procedures.
1. Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
a. Elevation (in relation to Mean Sea Level), of the lowest floor (including basement) of all new and substantially improved structures;
b. Elevation in relation to Mean Sea Level to which any nonresidential structure shall be floodproofed;
c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of
§ UDC-4.06.04B, Specific Standards;
d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
e. Maintain a record of all such information in accordance with
§ UDC-4.06.03B.1;
2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors:
a. The danger to life and property due to flooding or erosion damage;
b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
c. The danger that materials may be swept onto other lands to the injury of others;
d. The compatibility of the proposed use with existing and anticipated development;
e. The safety of access to the property in times of flood for ordinary and emergency vehicles;
f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
g. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
h. The necessity to the facility of a waterfront location, where applicable;
i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and
j. The relationship of the proposed use to the comprehensive plan for that area.
k. Technical review of a permit Application for sound engineering practices may be performed by either the City Engineer or by an appointed Professional Engineer.
Waiver Procedures.
1. Following recommendations from the City Engineer, Director of Planning, and Planning and Zoning Commission, the City Council shall hear and render judgment on requests for waivers from the requirements of this section.
2. The City Council 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 section.
3. Any person or persons aggrieved by the decision of the City Council may appeal such decision in the courts of competent jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report waivers to the Federal Emergency Management Agency upon request.
5. Waivers 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.
6. Waivers may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in C.2 above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the waiver increases.
7. Upon consideration of the factors noted above and the intent of these regulations, the City Council may attach such conditions to the granting of waivers as it deems necessary to further the purpose and objectives of this section (4.06.01. C Statement of Purpose).
8. Waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
9. Waivers may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the waiver is the minimum necessary to preserve the historic character and design of the structure.
10. Prerequisites for granting waivers:
a. Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
b. Waivers shall only be issued upon:
i. Showing a good and sufficient cause;
ii. A determination that failure to grant the waiver would result in exceptional hardship to the Applicant, and
iii. A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
c. Any Application to which a waiver is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
d. Waivers may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
i. The criteria outlined in 1 through 9 above are met, and
ii. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
