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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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Amending Chapter 21 Article 12 Floodplain Regulations, in order to Adopt the Most Recent Federal and State Requirements
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12/2/2015 12:17:21 PM
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12/2/2015 12:17:09 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/23/2015
Ord-Res Number
10405-15
Bill Number
70-15
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(2) Duties of Variance and Appeals Board. The Board (ABZA) shall hear and decide <br /> appeals when it is alleged an error in any requirement, decision, or determination is <br /> made by the Floodplain Administrator in the enforcement or administration of this <br /> Article. Any person aggrieved by the decision of the Board(ABZA)may appeal such <br /> decision to the St. Joseph County Circuit or Superior Court. <br /> (3) Variance Procedures. In passing upon such applications, the Board (ABZA) shall <br /> consider all technical evaluations, all relevant factors, all standards specified in other <br /> sections of this Article, and: <br /> (A) The danger of life and property due to flooding or erosion damage; <br /> (B) The susceptibility of the proposed facility and its contents to flood damage and <br /> the effect of such damage on the individual owner; <br /> (C) The importance of the services provided by the proposed facility to the <br /> community; <br /> (D) The necessity of the facility to a waterfront location, where applicable; <br /> (E) The availability of alternative locations for the proposed use which are not <br /> subject to flooding or erosion damage; <br /> (F) The compatibility of the proposed use with existing and anticipated <br /> development; <br /> (G) The relationship of the proposed use to the comprehensive plan and floodplain <br /> management program for that area; <br /> (H) The safety of access to the property in times of flood for ordinary and <br /> emergency vehicles; <br /> (I) The expected height, velocity, duration, rate of rise, and sediment of transport of <br /> the floodwaters at the site; and, <br /> (J) The costs of providing governmental services during and after flood conditions, <br /> including maintenance and repair of public utilities and facilities such as sewer, <br /> gas, electrical, and water systems, and streets and bridges. <br /> (4) Conditions for Variances <br /> (A) Variances shall only be issued when there is: <br /> i. A showing of good and sufficient cause; <br />
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