§ 17.11.720. Considerations for variances.  


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  • (A)

    The Floodplain Administrator shall request comments on variance applications from MDE (NFIP State Coordinator).

    (B)

    In considering variance applications, the Office of Environmental Policy shall consider and make findings of fact on all evaluations, all relevant factors, requirements specified in other sections of this chapter, and the following factors:

    (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 development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner.

    (4)

    The importance of the services to the community provided by the proposed development.

    (5)

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

    (6)

    The necessity to the facility of a waterfront location, where applicable, or if the facility is a functionally dependent 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 hazard mitigation plan for that area.

    (9)

    The safety of access to the property in times of flood for passenger vehicles and emergency vehicles.

    (10)

    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.

    (11)

    The costs of providing government 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.

    (12)

    The comments provided by MDE (NFIP State Coordinator).

    (13)

    Considerations related to the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or State Inventory of Historic Places.

(Ord. No. O-24-12, § I, 7-23-2012; Ord. No. O-5-15 Amended, § I, 4-27-2015; Ord. No. O-12-16 Amended, § I, 5-23-2016)