Ordinance 2012-1625 - Laserfiche WebLink

Home Browse Search

Sec. 17.56.215. - Floodplain permit application fee. All floodplain development permit applications shall be accompanied by an application fee in an amount set by the city manager in accordance with section 17.04.080. Sec. 17.56.220. - Floodplain development permit—Determination. A. The determination of the board of adjustment on each floodplain development permit application shall be based on compliance with the requirements and standards in this chapter and the effects of the proposed land use with respect to the objectives, purposes, and requirements of this chapter. B. The board of adjustment shall conduct a hearing on the permit application. Such hearing shall be held within 30 days after receipt of a complete application which meets the requirements established by subsection 17.56.210.A. The board shall have the power to continue the hearing. C. The board of adjustment shall render, within 30 days from the final day of a hearing, a written decision granting, granting with conditions, or denying a development permit application. If a denial is made, the decision shall set forth the board of adjustment's findings of fact and the reasons for the denial. Applicants aggrieved by the decision of the board of adjustment, may appeal such decision to the district court of the county as provided in Rule I06(a)(4) of the state rules of civil procedure. Sec. 17.56.230.- Floodplain development permit—Additional conditions. Upon consideration of the factors indicated in subsection 17.56.220.A and the purposes of this chapter, the board of adjustment may attach, in addition to those conditions required by special permits, such conditions as it deems necessary for furthering the purposes of this chapter. Such conditions may include, without limitation because of specific enumeration, modification of other waste-disposal methods and facilities, landscaping, periods of operation, operational controls, sureties, deed restriction, and adequate floodproofing, and shall include provisions for floodproofing water and sanitary systems. Sec. 17.56.240. -Appeals and variances. A. Generally. The board of adjustment shall hear and decide appeals from interpretations of the director and requests for variances from the provisions of this chapter. B. Factors to be considered. In considering an appeal or variance request involving a provision of this chapter, the board of adjustment shall consider, in addition to all technical evaluations, relevant factors, requirements, and standards in this chapter, the following: 1. The danger that materials may be swept onto other lands to the injury of others, and the impact upon riparian habitat. 2. The danger to life and property due to flooding or erosion damage. 3. The susceptibility of the proposed facility and its contents to flood damage and the Ordinance No. 1625,Series 2012 Page 27 of 31 27