§ 18-115. Appeal board.

(a)

The floodplain board of the district shall hear and decide appeals and requests for variances from the requirements of this article.

(b)

The floodplain board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

(c)

In passing upon such applications, the floodplain board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article. Therewith, the floodplain board shall consider the following:

(1)

The danger of such variance having an adverse impact, including structures or materials being swept onto other lands to the injury of those other lands, persons, or others.

(2)

The danger of adverse impact, flood damage, or flood loss to body, life, and property due to flooding, flood-related erosion damage, or erosion damage.

(3)

The increase in susceptibility of the proposed structure or other facility and its contents to flood damage and the effect of such damage on the person(s).

(4)

The importance of the variance to allow services, and in particular essential services, to the community, which can be provided only by the structure or other facility being constructed as proposed, and which structure or other facility proposed for variance cannot be completed in the proposed manner or other reasonable variation thereof, without the variance, and there is therewith a negative determination as to subsection (c)(6) of this section.

(5)

Where applicable, the necessity for the structure or other facility to be placed on a waterfront location, and there is therewith a negative determination as to subsection (c)(6) of this section.

(6)

The availability of alternative locations for the proposed structure, other facility, or use, which alternatively are not subject to flooding, erosion damage, or other adverse impact.

(7)

The compatibility of the proposed use with existing and anticipated development(s) within the geographic area.

(8)

The relationship of the proposed use to the general plan, area plan (if any), and floodplain management program for that area.

(9)

The safety of access to and from the property in time of flood or flooding for ordinary and emergency vehicles.

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, community septic, gas, electrical, water systems, streets and bridges.

(d)

Upon consideration of the factors of subsection (c) of this section and the purposes of this article, the floodplain board may attach such conditions to the granting of any variance, as it deems necessary to further the purposes of this article.

(e)

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

(1)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts of $25.00 for every $100.00 of insurance coverage or higher;

(2)

Such construction below the base flood level increases risks to life and property; and

(3)

The land upon which the variance is granted shall be ineligible for exchange of land pursuant to any flood relocation and land exchange program, including A.R.S. title 26, ch. 2, art. 2.

(f)

A copy of the notice shall be recorded by the floodplain board in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(g)

The floodplain administrator shall maintain a record of all variance actions, as required by this article, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

( Ord. No. 2000-00 , § 6.2, 11-6-2000; Ord. No. 2014-01 , § 6, art. 2, 5-19-2014)