HomeMy WebLinkAboutRexburg Municipal Code 15.09.160 Flood Plane Variance Appeals Ord 1129 15.09.160 Variance Procedures - Appeals Board
F he City Council as established by the City of Rexburg shall bear and decide appeals and requests for
variances from the requirements of this ordinance.
2. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement,
decision, or determination made by the City Building Inspector in the enforcement or administration of this
ordinance.
3. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the
district court, as provided in the Idaho Administrative Procedures Act.
4. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance, and:
a. the danger that materials may be swept onto other lands to the injury of others;
b. the danger to life and property due to flooding or erosion damage;
c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
d. the importance of the services provided by the proposed facility to the community;
e. the necessity to the facility of a waterfront location, where applicable;
f. the availability of alternative locations for the proposed use which are not subject to flooding or
erosion damage;
g. the compatibility of the proposed use with existing and anticipated development;
h. the relationship of the proposed to the comprehensive plan and flood plain management program
for that area;
i. the safety of access to the property in times of flood for ordinary and emergency vehicles;
j. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and
the effects of wave action, if applicable, expected at the site; and
k. the costs of providing governmental 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.
5. Upon consideration of the factors of Section 4 and the purposes of this ordinance, the City Council may
attach such conditions to the granting of variances as it deems necessary to further the purpose of this
ordinance.
6. The City Building Inspector shall maintain the records of all appeal actions and report any variances to the
Federal Insurance Administration upon request. (Ord. 1129 §4.4-1, 2015.)