HOMER,
Planning
ORDINANCE 07-13(S)(A)
AN ORDINANCE OF THE
WHEREAS, The City of Homer includes areas that are of special importance in that they may contain steep slopes, wetlands, flood hazard areas, eroding bluffs, and other special areas; and
WHEREAS, The 1989 Homer Comprehensive Plan, Natural Resources Plan, states the goal of striving to maintain the natural resources of the City of Homer in a manner that will mitigate impact to resources while enabling their development, use, safety, and enjoyment for future generations; and
WHEREAS, Identified special conditions or areas make development of the land difficult and expensive; and
WHEREAS, Development of these special areas may impact both the land being developed and adjacent land as well; and
WHEREAS, Designating and classifying these ecologically sensitive and hazardous areas, protects the functions and values of the areas, and provides the means for additional review and protection to ensure the continued growth in a safe, orderly fashion for the greater health, welfare and safety of all Homer residents; and
WHEREAS, Providing regulations for development of these special areas protects the public from natural hazards, minimizes the need for emergency rescue, protects unique, fragile, and vulnerable elements of the environment, minimizes the cost of replacing public facilities, alerts the public of these critical areas, avoids public subsidy of private development impacts, assists property owners in developing their property by promoting innovative land use techniques; and works in concert with other land use regulations; and
WHEREAS, Creation of a “Special Areas Provisions” chapter provides the framework for the policies and regulations that will guide development within the special areas.
Section 1. A new
chapter HCC 21.41 is hereby added to the Homer City Code consisting of
the following sections:Homer
City Code Chapter 12.12 is hereby repealed and reenacted, with
amendments, as Chapter 21.41, to read as follows:
21.41.010 Purpose and Intent
21.41.020 Applicability
21.41.030 Flood Damage Prevention
21.41.010 Purpose and Intent a. Sensitive Areas Provisions are required to implement the goals, policies and requirements of the Comprehensive Plan. This Chapter designates and classifies ecologically sensitive and hazardous areas, protects the functions and values of the areas, and provides the means for additional review and protection to ensure the continued growth in a safe, orderly fashion for the greater health, welfare and safety of all Homer residents.
b.
The purpose of the chapter is to protect the public from natural
hazards,
to minimize the need for emergency rescue, to protect unique, fragile, and
vulnerable elements of the environment, to minimize the cost of replacing
public facilities, to alert the public of these critical areas, to avoid public
subsidy of private development impacts, to assist property owners in developing
their property by promoting innovative land use techniques; and to work in
concert with other land use regulations.
21.41. 020 Applicability This Plan applies to all lands within the City of Homer and the
Bridge Creek Watershed Protection District that contain an identified sensitive
area and all development on those lands. The sensitive areas identified in this
chapter apply in combination with the underlying base zoning districts and
impose regulations and standards for specific areas in addition to what is
required by the base districts.
21.41.030 Flood Damage
Prevention a.
The purpose of this Flood Damage Prevention section is to promote and
protect the public health, safety, and general welfare, and to minimize public
and private losses due to the impact of flood and coastal hazard areas.
b. Definitions. For the purposes of this chapter, the
following words and phrases shall be defined as follows: a. "Accessory
structures", mean low cost buildings such as detached garages, boat
houses, small poles, not to be used for human habitation, shall be constructed
and placed on the building site so as to offer minimum resistance to the flow
of flood waters; shall be anchored to prevent flotation which may result in
damage to other structures; and service utilities such as electrical and
hearing equipment shall be elevated or flood-proofed. No elevation certificate
or variance is required for a development determined by the City to be an
accessory structure.
1.
"Appeal" means a request for a review of the interpretation of
any provision of this chapter or a request for a variance.
2.
"Area of shallow flooding" means a designated AO, or AH Zone
on the Flood Insurance Rate Map (
3.
"Area of special flood hazard" means the land in the
floodplain within the city subject to a one percent or greater chance of
flooding in any given year. Designation on maps always includes the letters A
or V.
4.
"Base flood" means the flood having a one percent chance of
being equaled or exceeded in any given year. Also referred to as the
"100-year flood." Designation on maps always includes the letters A
or V.
5.
"Basement" means any area of the building having its floor
subgrade (below ground level) on all sides.
6.
"Breakaway Wall" means a wall that is not part of the
structural support of the building and is intended through its design and
construction to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or supporting foundation system.
7.
"Coastal high hazard area" means an area of special flood
hazard extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave action
from storms or seismic sources. The area is designated on the
8.
"Critical facility" means a facility for which even a slight
chance of flooding might be too great. Critical facilities include, but are not
limited to: schools, nursing homes, hospitals, police, fire and emergency
response installations, installations that produce, use or store hazardous
materials or hazardous waste, access roads, water supply, power, communications and other public
utility facilities that are vital to maintaining or restoring services.
9.
"Development" means any manmade change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, storage of
equipment or materials, or any other activity which results in the removal of
substantial amounts of vegetation or in the alteration of nature site
characteristics located within the
area of special flood or coastal
high hazard.
10.
"Elevated building" means for insurance purposes, a
nonbasement building which has its lowest elevated floor raised above ground
level by foundation walls, shear walls, post, piers, pilings, or columns.
11.
"Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally dry land areas from one
or both of the following:
a. The overflow of inland or
tidal waters.
b. The unusual and rapid
accumulation of runoff of surface waters from any source.
12.
"Federal Emergency Management Agency" or "FEMA" is
the agency responsible for administration of the National Flood Insurance
Program.
13.
"Flood hazard area" means the land area covered by the flood,
having a one percent chance of occurring in any given year. See also
"100-year flood".
14.
"Flood insurance rate map" or "
15.
"Flood insurance study" means the official report provided by
the Federal Insurance Administration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface elevation of the base flood.
16.
"Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than a designated height, usually one foot, at any point.
17.
"Functionally dependent use" means a use that cannot perform
its intended purpose unless it is located or carried out in close proximity to
water. Their term includes only docking facilities and port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities.
18. "Lowest
floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure, usable solely for
parking of vehicles, building access or storage, in an area other than the
basement area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter found at Section
21.41.040(b)(1).
19.
"Manufactured home" means a structure, transportable in one or
more sections, which is built on a permanent chassis and is designed for use
with or without a permanent foundation when connected to the required
utilities. For flood plain management purposes, the term "manufactured home"
also includes recreational vehicles, travel trailers, and other similar
vehicles placed on site for greater than 180 consecutive days. For insurance
purposes the term "manufactured home" does not include recreational
vehicles, travel trailers, and other similar vehicles.
20.
"100-year flood" (also called "regulatory flood,"
"base flood" or "special flood hazard area") means a flood
of a magnitude which can be expected to occur on an average of once every 100
years. It is possible for this size flood to occur during any year, and
possibly in successive years. It would have a one percent chance of being
equaled or exceeded in any year. Statistical analysis of available stream flow
or storm records, or analysis of rainfall and runoff characteristics of the watershed,
or topography and storm characteristics are used to determine the extent and
depth of the 100-year flood.
21.
"Planning department" means the planning department division of the City of Homer.
22.
"Start of construction" includes substantial improvement, and
means the date the development permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement was within
180 days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
or walkways; nor does it include excavation for a basement, footings, piers, or
foundation or erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure.
23.
"Structure" means a walled and roofed building, including
liquid or gas storage tank, as well as a manufactured home that is principally
above ground.
24.
"Substantial damage" means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damaged
condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
25.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure either:
a. Before the improvement or
repair is started; or
b. If the structure has been
damaged and is being restored, before the damage occurred. For the purposes of
this definition "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structure.
The term does not, however,
include either:
a. Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions, or
b. Any alteration of a structure
listed on the National Register of Historic Places or a State Inventory of
Historic Places.
26. "Variance" means a grant of
relief from the requirements of this chapter, which permits construction in a
manner that would otherwise be prohibited by this chapter.
27.
"Water dependent" means a structure for commerce or industry,
which cannot exist in any other location and is dependent on the water because
of the intrinsic nature of its operations. (Ord. 03-18(S), 2003.)
c. General
provisions. 1. Lands to Which this
Chapter Applies. This chapter shall apply to all flood hazard areas within the
City of Homer.
2.
Basis for Establishing Flood Hazard Areas. Flood hazard areas are
identified by the Flood Insurance Rate Maps with an effective date of
3.
Warning and Disclaimer of Liability. The degree of flood protection
required by this chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This chapter does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. This chapter shall not create liability on the part
of the City of Homer, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this chapter
or any administrative decision lawfully made thereunder.
4.
Noncompliance--Enforcement. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance
with the terms of this chapter and other applicable regulations. Violations of
this chapter are infractions, and are subject to criminal penalties pursuant to
Chapter 1.16. In addition, the city may take any other lawful action as
necessary to prevent or remedy any violation, including but not limited to all
civil remedies available under Chapter 1.16. (Ord. 03-18(S), 2003.)
d.
Administration. 1. Development Permit Required. A development
permit shall be obtained before construction or development begins within flood
hazard areas established in Section 21.41.020(b). The permit shall be for all
structures and for all other development including fill and other activities.
Application for a development permit shall be made on forms furnished by the
City and shall include but not be limited to: plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specifically, the following
information is required:
a. Elevations to be determined by registered state land surveyors in relation to mean sea level or mean lower low water, of the lowest floor (including basement) of all structures;
b. Elevation in relation to mean
sea level to which any structure has been floodproofed;
c. Certification by a registered
professional engineer or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in Section 21.41.040
(b) (2);
d. Description of the extent to
which a watercourse will be altered or relocated as a result of proposed
development.
2.
Designation of the Planning Department. The planning department is
appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions.
3.
Duties and Responsibilities of the Planning Department. Duties of the
planning department shall include, but not be limited to:
a. Permit Application Review.
i. Review all
development permit applications to determine that the permit requirements have
been met,
ii. Review all development permit applications to
determine that all necessary permits have been obtained from those federal,
state, or local governmental agencies from which prior approval is required,
iii. Review all
development permit applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the
encroachment provisions of Section 21.41.040(c)(1) are met.
b. Issue Permit.
i. Upon determination
that the submitted and recorded information connected with the permit
application meets the terms of this chapter, the planning department shall
issue a floodplain development permit to the original applicant.
ii. The floodplain
development permit shall be valid for a period of one year from the issue date.
iii. The floodplain
development permit is not assignable without permission from the planning
department.
c. Use of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section
21.41.020(b) the Planning Department shall obtain, review, and reasonably
utilize any base flood and floodway elevation data available from a federal,
state or other source, in order to administer subsections (b)(1), (b)(2) and
(c) of Section 21.41.040.
d. Information to be Obtained and
Maintained.
i. Where base flood elevation data is provided
through the Flood Insurance Study or required in subsection (c)(2) of this
section, record the actual elevation as submitted (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement;
ii. For all new or
substantially improved flood proofed structures:
a. Record
the actual elevation as submitted (in relation to mean sea level); and,
b.
Maintain the flood proofing certifications required in Section 21.41.030(a)(3);
iii. Maintain for
public inspection all records pertaining to the provisions of this chapter.
e. Alteration of Watercourses.
i. Notify adjacent
communities and the Alaska Department of Community and Economic Development
prior to any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Insurance Administration.
ii. Require that
maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
f. Fee Required. The planning
department shall charge fees for permits and variances. Fees shall be
established by resolution of the Homer City Council to be paid by the applicant
at the time that the floodplain development permit application is submitted.(Ord.
03-18(S), 2003)
21.41.040. Standards. a. General
Standards. In all flood hazard areas, the following standards apply:
1.
Anchoring.
a. All new construction and
substantial improvements shall be anchored to prevent flotation, collapse, or
lateral movement of the structure.
b. All manufactured homes must be
anchored to prevent flotation, collapse or lateral movement, and shall be
installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over-the-top or frame ties
to ground anchors.
2. Construction Materials and Methods.
a. All new construction and
substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
b. All new construction and
substantial improvements shall be constructed using methods and practices that
minimize flood damage.
c. Electrical, heating,
ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and elevated or otherwise located to prevent water
from entering or accumulating within the components during conditions of
flooding.
3.
Utilities.
a. All new and replacement water
supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system;
b. New and replacement sanitary
sewage systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharge from the systems into floodwaters;
and,
c. On-site waste disposal systems
shall be located to avoid impairment to them or contamination from them during
flooding.
4.
Subdivision Proposals.
a. All subdivision proposals
shall be consistent with the need to minimize flood damage.
b. All proposed improvements such
as water, sewer, natural gas, telephone and electrical facilities shall be
located and constructed in a manner which will minimize damage in the event of
a flood.
c. All subdivision proposals
shall have adequate drainage provided to reduce exposure to flood damage.
d. Where base flood elevation data has not been
provided or is not available from another authoritative source, it shall be
generated for all subdivision proposals located in unnumbered A or V Zones when
the subdivision is planned to be 50 lots or 5 acres, whichever is less.
e. It is the responsibility of
the subdivider to provide all necessary information regarding flood protection
measures at the time the preliminary plat is presented for consideration by the
planning commission.
5. Review of Development Permits.
a. Where elevation data is not available,
applications for development permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding.
b. The test of reasonableness is
a local judgment and includes use of historical data, high water marks,
photographs of past flooding, and other evidence where available.
b. Specific Standards. In all flood hazard areas
where base flood elevation data has been provided as set forth in Section
21.41.020(B) the following provisions are required:
1. Residential Construction.
a. New construction and
substantial improvement of any residential structure shall have the lowest
floor, including basement, elevated to one foot above the base flood elevation.
b. Fully enclosed areas below the
lowest floor that are subject to flooding are prohibited, or shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria:
i. A minimum of two
openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all
openings shall be no higher than one foot above grade.
iii. Openings may be
equipped with screens, louvers, or other coverings or devices if they permit
the automatic entry and exit of floodwaters.
2.
Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial or other nonresidential structure
shall either have the lowest floor, including basement, elevated to the level
of the base flood elevation; or, together with attendant utility and sanitary
facilities, shall:
a. Be flood proofed so that below
the base flood level the structure is water tight with walls substantially
impermeable to the passage of water;
b. Have structural components
capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
c. Be certified by a registered
professional engineer or architect that the standards of this subsection are
satisfied. Such certifications shall be provided to the official as set forth
in Section 21.41.030(c)(4)(b)
d. Nonresidential structures that
are elevated, not flood proofed, must meet the same standard for space below
the lowest floor as described in Section 21.41.040(b)(1)(b).
e. Applicants flood proofing
nonresidential buildings shall be notified that flood insurance premiums will
be based on rates that are one foot below the flood proofed level (e.g. a
building constructed to the base flood level will be rated as one foot below
that level).
3.
Manufactured Homes. All manufactured homes to be placed or substantially
improved within Zones A1-30, AH, and AE shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above
the base flood elevation and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of subsection (a)(1) of
this section.
4.
Recreational Vehicles. A recreational vehicle placed on a site within
Zones A1-30, AH, and AE on the city's
a. Be on site for fewer than 180
consecutive days, or
b. Be fully licensed and ready
for highway use, on its wheels or jacking system, be attached to the site only
by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
c. Meet the requirements of
Section 21.41.040(b)(3) above and the elevation and anchoring requirements for
manufactured homes.
c. Floodways. Located within flood hazard areas
established in Section 21.41.020(b) are areas designated as floodways. Since
the floodway is an extremely hazardous area due to erosion potential and the
velocity of floodwaters which carry debris, the following provisions apply:
1. All
encroachments, including fill, new construction, substantial improvements, and
other development are prohibited unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels during the occurrence of the
base flood discharge.
2. Subdivision (1)
of this subsection is satisfied, all new
construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of this section.
d. Standards for Shallow Flooding Areas (AO Zones).
Shallow flooding areas appear on FIRMs as AO zones with depth designations. The
base flood depths in these zones range from 1 to 3 feet above ground where a
clearly defined channel does not exist, or where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
1. New
construction and substantial improvements of residential structures and
manufactured homes within AO zones shall have the lowest floor (including
basement) elevated above the highest grade adjacent to the building, one foot
or more above the depth number specified on the
2. New
construction and substantial improvements of nonresidential structures within
AO zones shall either:
a. Have the lowest floor
(including basement) elevated above the highest adjacent grade of the building
site, one foot or more above the depth number specified on the
b. Together with attendant
utility and sanitary facilities, be completely flood roofed to or above that
level so that any space below that level is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. If
this method is used, compliance shall be certified by a registered professional
engineer as in section 21.41.040(b)(2)(c).
3.
Adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
4. A recreational
vehicle placed on a site within AO Zones must either:
a. Be on the site for fewer than 180 consecutive days, or
b. Be fully licensed and ready
for highway use, on its wheels or jacking system, be attached to the site only
by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
c. Meet the requirements of
section 21.41.040(d) above and the elevation and anchoring requirements for
manufactured homes.
5. Install
a minimum of two openings on at least two different walls of the enclosure. The
bottom of the openings must be no higher than one foot above grade.
e. Coastal High
Hazard Areas. Located within areas of special flood hazard established in
Section 21.41.020(B) are Coastal High Hazard Areas, designated as Zones V1-V30,
VE or V. These areas have special flood hazards associated with high velocity
waters from surges and, therefore, in addition to meeting all other provisions
in this chapter, the following provisions shall also apply:
1. All
new construction and substantial improvements in Zones V1-V30 and VE (V if
baseflood elevation data is unavailable) shall be elevated on pilings and
columns so that:
a. The bottom of the lowest
horizontal structural member of the lowest floor (excluding the pilings or
columns) is elevated one foot or more above the base flood level; and
b. The pile or column foundation
and structure attached thereto is anchored to resist flotation, collapse and
lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Wind and water loading values shall
each have a one percent chance of being equaled or exceeded in any given year
(100-year mean recurrence interval);
2. A
registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall
certify that the design and methods of construction to be used are in
accordance with accepted standards of practice for meeting the provisions of
subsection 21.41.040(e)(1)(a) and (b).
3. The
developer shall obtain and provide to the planning department the elevation (in
relation to mean sea level) of the bottom of the lowest structural member of
the lowest floor (excluding pilings and columns) of all new and substantially
improved structures in Zones V1-30 and VE, and whether or not such structures
contain a basement. The planning department shall maintain a record of all such
information.
4. All
new construction shall be located landward of the reach of mean high tide.
5. All
new construction and substantial improvements have the space below the lowest
floor either free of obstruction or constructed with non-supporting breakaway
walls, open wood lattice-work, or insect screening intended to collapse under
wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting
foundation system. For the purpose of this section, a breakaway wall shall have
a design safe loading resistance of not less than 10 and no more than 20 pounds
per square foot. Use of breakaway walls which exceed a design safe loading
resistance of 20 pounds per square foot (either by design or when so required
by local or State codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the following
conditions:
a. Breakaway wall collapse shall
result from water load less than that which would occur during the base flood;
and
b. The elevated portion of the
building and supporting foundation system shall not be subject to collapse,
displacement, or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this
determination shall each have a one percent chance of being equaled or exceeded
in any given year (100-year mean recurrence interval).
6. If
breakaway walls are utilized, such enclosed space shall be useable solely for
parking of vehicles, building access, or storage. Such space shall not be used
for human habitation.
7. The
use of fill for structural support of buildings is prohibited unless compacted to a density of 95% as measured on a compaction meter
in areas that are currently developed.
8.
Man-made alteration of sand dunes that would increase potential flood
damage is prohibited.
9. All
manufactured homes to be placed or substantially improved within Zones V1-V30,
V, and VE on the
10. A
recreational vehicle placed on a site within Zones V1-30, V, and VE on the
a. Be on the site for fewer than
180 consecutive days, or
b. Be fully licensed and ready for highway use,
on its wheels or jacking system, be attached to the site only by quick
disconnect type utilities and security devices, and have no permanently
attached additions; or
c. Meet the requirements of
subsection 21.41.030(a) and paragraphs (1) through (8) of this subsection
21.41.040(e). (Ord. 03-18(S), 2003.)
21.41.050. Variance and appeals. a. Appeal Boards.
1. The
Homer Planning Commission shall hear and decide appeals and requests for
variances from the requirements of this chapter.
2. The
planning commission shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the planning
department in the enforcement or administration of this chapter. 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 planning commission.
Appeals of decisions of the city council may be made to Superior Court.
3. Only the applicant, developer, or any
person(s) with an interest in land that is affected by an action or
determination made under this chapter may appeal. The procedures for all
appeals to the planning commission and to the city council will, to the extent
possible, follow the procedures for appeals set forth in chapter 21.68 of the
zoning code.
4. In passing upon variance applications, the
planning commission shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this chapter, 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 damages;
g. The compatibility of the
proposed use with the existing and anticipated development;
h. The relationship of the
proposed use to the comprehensive plan and floodplain 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 floodwaters 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
subsection (a)(4) of this section and the purposes of this chapter, the
planning commission may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this chapter,
6. The planning department shall maintain the
records of all appeal actions and report any variances to the Federal Insurance
Administration upon request.
b. Conditions for
Variances.
1. Generally, the only condition under which
a variance from the elevation standard may be issued is for new construction
and substantial improvements to be erected on a lot of one-half acre or less in
size contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing subparagraphs (a) through (k) of
subsection (a)(4) of this section have been fully considered. As the lot size
increases, the technical justification required for issuing the variance
increases.
2. Variances may be issued for the
reconstruction, rehabilitation, or restoration of structures listed on the
National Register of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in this section.
3. Variances shall not be issued within a
designated floodway if any increase in flood levels during the base flood
discharge would result.
4. Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
5. Variances shall only be issued upon:
a. A showing of good and
sufficient cause;
b. A determination that failure
to grant the variance would result in exceptional hardship to the applicant;
c. A determination that the
granting of a 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 laws or
ordinances.
6. Variances as interpreted in the National
Flood Insurance Program are based on the general zoning law principle that they
pertain to a physical piece of property; they are not personal in nature and do
not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from the flood elevations should
be quite rare.
7. Variances may be issued for nonresidential
buildings in very limited circumstances to allow a lesser degree of flood
proofing than watertight or dry-flood proofing where it can be determined that
such action will have low damage potential, complies with all other variance
criteria except subsection (b)(1) of this section, and otherwise complies with
subsection 21.41.040(a)(1) and (2).
8. Any applicant to whom a variance is
granted shall be given written notice that the structure will be permitted to
be built with a lowest floor elevation below the base flood elevation and that
the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
9. Functionally dependent uses.
Section 2. This Ordinance is of a permanent and general character and shall be included in the City Code.
ENACTED
BY THE
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON,
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and Approved as to form and content:
_________________________ ________________________
Gordon J. Tans, City Attorney Walt E. Wrede, City Manager
Date: ____________________ Date:
___________________
Fiscal information: N/A