Packet: Regular City Council Meeting (11/04/2025)

H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. I. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 160.06 VARIANCE PROCEDURES. 1. The Council may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards. A. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance 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 codes or ordinances. B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. C. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property. E. All variances granted shall have the concurrence or approval of the Department of Natural Resources. 2. Factors Upon Which the Decision of the Council Shall be Based - In passing upon applications for Variances, the Council shall consider all relevant factors specified in other sections of this Ordinance and: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. B. The danger that materials may be swept on to other land or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. E. The importance of the services provided by the proposed facility to the City. F. The requirements of the facility for a floodplain location.