2011-34 AMENDING CITY CODE - CHAPTER 67.1 - FLOOD PLAINS

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construction to ensure the building, structure or other improvements are built according to the approved design standards and criteria contained herein. 2. All other activities which may be determined by the Zoning Administrator to be development shall be designed so as not to alter flood flows or increase potential flood damages. 9. CARRYING CAPACITY AND NOTIFICATION. For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained and not diminished. In addition, the applicant or potential permittee shall notify adjacent and nearby communities in writing, sent by certified mail, return receipt requested, within ten (10) days of the date of application, requesting that the City issue a permit for such alteration or relocation of the watercourse, explaining the proposed development and its particulars. 10. VARIANCES. Whenever the standards of this ordinance place demonstrable hardships on a specific development proposal, the applicant may apply to the City for a variance, subject to the conditions set forth below. Upon its filing, City staff shall review the application and submit its recommendation to the Zoning Board of Appeals, who shall hold the required public hearing. The Zoning Board of Appeals may attach such conditions to granting of a variance as it deems necessary to further the intent of this ordinance. 1. No variance shall be granted unless the applicant demonstrates by a preponderance of evidence that all of the following conditions are met: a. The development activity cannot be established anywhere in the City in a location outside the floodplain; b. An exceptional and documented hardship would result if the variance were not granted; c. The relief requested is the minimum necessary;