Chapter 15.04
FLOODPLAIN REGULATIONS
Sections:
15.04.010 Statutory authorization, findings of fact and purpose.
15.04.020 Definitions.
15.04.030 Floodplain permit—Required.
15.04.031 Floodplain use permit—General provisions.
15.04.040 Floodplain permit—Application.
15.04.041 Floodplain permit—Administration.
15.04.050 Floodplain permit—Flood protection requirements.
15.04.060 Subdivision and utility regulations.
15.04.061 Residential structures.
15.04.062 Nonresidential structures.
15.04.063 Floodproofing.
15.04.064 Coastal high hazard areas.
15.04.065 Flood-related erosion hazard areas.
15.04.070 Existing structures.
15.04.075 Authority to enter contracts.
15.04.080 Conflicting provisions.
15.04.090 Warning and disclaimer of liability.
15.04.100 Variances.
15.04.110 Appeals.
15.04.120 Violation—Enforcement.
15.04.125 Violation—Penalties and remedies.
15.04.010 Statutory authorization, findings of fact and purpose.
The Legislature of the State of Alaska has in Statute 201 of the Flood Disaster Protection Act of 1973, delegated the responsibility to local government units to adopt regulations to promote the public health, safety, and general welfare of its citizenry. The City of Dillingham is further authorized under AS 29.40.040 to adopt and amend land use regulations in accordance with the Comprehensive Plan. Therefore, the City Council of Dillingham, Alaska, does ordain as follows:
A. Areas within the city are periodically subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B. Areas within the city have been designated as floodprone pursuant to Section 201 of the Flood Disaster Protection Act of 1973 and the city is required to join the National Flood Insurance Program to make flood insurance and federally regulated financial assistance available to the residents within the flood hazard areas.
C. The purpose of this chapter is to promote the public health, safety and general welfare and to minimize those losses described in subsection A of this section and to meet the requirements for participation in the National Flood Insurance Program. To accomplish this purpose, it is the intent of this chapter to:
1. Establish a land use permit system for development occurring in the flood hazard areas of the city;
2. Require that land uses vulnerable to floods, including public facilities and utilities which serve such uses, shall be protected against flood damages at the time of initial construction or substantial improvement;
3. Restrict or prohibit land uses which are dangerous to health, safety or property in times of flood or cause excessive increases in flood heights or velocity;
4. Insurance that subdivision and development of land within the city are consistent with the need to minimize flood hazards. (Ord. 75-2 § 1, 1975; Ord. 86-13 § 1, 1986; Ord. 87-04 § 1, 1987.)
15.04.020 Definitions.
As used in this chapter, the following words have the meanings ascribed to them in this section:
A. “Federal Insurance Administration” (FIA) of the Federal Emergency Management Agency (FEMA) is responsible for administration of the National Flood Insurance Program.
B. “Fill” means nonload bearing material susceptible to wash or erosion such as dredge spoils, debris, sand or dirt.
C. “Flood hazard area” includes all area within the corporate limits subject to the one-hundred-year flood as delineated on the flood insurance rate map for the city published by the Federal Insurance Administration.
D. “Flood insurance rate map” (FIRM) means the map of the city issued by the Federal Insurance Administration which delineates the area subject to the one-hundred-year flood and the risk premium zones applicable to the community.
E. “Mean lower low water” means the elevation datum (0.00 feet) referenced on the flood insurance rate maps. MLLE is 10.0 feet below the National Geodetic Vertical Datum of 1929 (NGVD) in Dillingham.
F. “One-hundred-year flood” means a flood of a magnitude which can be expected to occur on the average of once every one hundred years. It is possible for this size flood to occur during any year. The odds are one to one hundred that this size flood will occur during a given year; there is a one percent chance that a flood of this magnitude will occur each year. Statistical analysis of available streamflow or coastal storm records, or analysis of rainfall and runoff characteristics of the watershed, or coastal topography and depth of the one-hundred-year flood. Also referred to as the base flood or regulatory flood.
G. “Structure” means a building which is used for residential, business, agricultural or religious purposes, or which is occupied by a private, nonprofit organization, or which is owned by a state or local government or any agency thereof; the term includes mobile homes and other modular units.
H. “Substantially improved” means any remodeling, repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the property either as such value exists before the improvement is started or if the property has been damaged and is being restored, as such value existed before the damage occurred.
I. “Lowest floor” means the lowest enclosed area (including basement).
J. “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 park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.
K. “Variances” are grants of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. (Ord. 75-2 § 7, 1975; Ord. 82-6 § 1, 1982; Ord. 86-13 § 1, 1986; Ord. 87-04 § 1, 1987.)
15.04.030 Floodplain permit—Required.
No party shall make any changes to improved or unimproved real estate, including mine, dredge, fill, grade, pave, excavate, construct, construct an addition to, substantially improve or relocate a structure within areas of the city within a flood hazard area without first securing from the city planning department, a floodplain permit for each structure. It is not the intent of this chapter to require a floodplain permit outside of flood hazard areas. (Ord. 75-2 § 2, 1975: Ord. 82-6 § 2, 1982: Ord. 86-13 § 1, 1986; Ord. 92-21 § 2 (part), 1992.)
15.04.031 Floodplain use permit—General provisions.
A. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Dillingham.
B. The areas of special flood hazard identified by the Federal Insurance Administration are a scientific and engineering report entitled, “The Flood Insurance Study for the City of Dillingham, Alaska,” dated September 30, 1982, with accompanying Flood Insurance Maps, is hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study is on file at City Hall.
C. 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. Penalties and remedies for violations of this chapter are found in Section 15.04.125.
D. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. 87-04 § 1, 1987; Ord. 92-21 § 2 (part), 1992.)
15.04.040 Floodplain permit—Application.
A. Application. Application for a floodplain permit for each development or structure shall be filed with the planning department and shall be accompanied by the required fee. The application for a permit shall be made on a form furnished by and returned to the planning department.
B. Information Required. The information furnished in the application shall include, but is not limited to:
1. The name and address of the owner of the tract;
2. A legal description of the tract;
3. Statement of the following elevations:
a. The ground elevation after site preparation,
b. Projected lowest floor elevation, (including basement) in relation to mean low water of all structures,
c. Elevation in relation to mean lower low water to which any structure has been floodproofed.
4. Certification by a registered professional engineer, architect, surveyor or city permit official that the proposed floodproofing methods for any nonresidential structure meet the floodproofing criteria in this chapter;
5. Information which demonstrates that the structure will be adequately protected against flood damage and that the structure or site preparation will not adversely affect flood elevations or velocities. The required protective measures are set forth in Section 15.04.050.
C. Evaluation. Following the filing of the application, the planning department shall review the submittal, request any additional information deemed necessary, and evaluate the application based upon the provisions of this chapter. (Ord. 75-2 (part), 1985; Ord. 82-6 § 3, 1982; Ord. 86-13 § 1, 1986; Ord 92-21 § 2 (part), 1992.)
15.04.041 Floodplain permit—Administration.
A. Administrator. The planning director is appointed to administer and implement this chapter by granting or denying floodplain permit applications in accordance with its provisions.
B. Alternate to Director. In the event that the planning director is out of town, the position is vacant, or the director is otherwise unavailable for more than one week, the city manager has the option of designating an interim administrator of this chapter. The interim administrator may include the city manager, another city employee, or the planning commission.
C. Duties of the Director. Duties of the planning director shall include, but not be limited to:
1. Permit Review.
a. Review all land use permits to determine that the permit requirements of this ordinance have been satisfied;
b. Review all land use permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.04.031(B) the planning director shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer this chapter.
Where elevation is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
3. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided or required through the Flood Insurance Study, obtain and record the actual elevation, (in relation to mean lower low water sea level), of the lowest floor, (including basement), of all new or substantially improved structures, and record whether or not the structure contains a basement. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less).
b. For all new or substantially improved floodproofed structures: (i) verify and record actual elevation, (in relation to mean lower low water sea level); (ii) maintain the floodproofing certifications required; and (iii) maintain for public inspection all records pertaining to this chapter.
4. Alteration of Watercourses.
a. Notify adjacent communities and the State Department of Community and Regional Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;
b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
5. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.04.110. (Ord. 87-04 § 1, 1987; Ord. 92-21 § 2 (part), 1992.)
15.04.050 Floodplain permit—Flood protection requirements.
A. Within flood hazard areas no permit shall be approved by the planning director unless all of the following requirements are satisfied:
1. Any new or substantially improved structure shall be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise 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. (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.)
3. Construction materials and utility equipment that are resistant to flood damage and construction practices and methods that will minimize flood damages shall be utilized.
4. Construction or substantial improvement shall not be permitted unless the applicant demonstrates that any associated new or replacement water supply system and sanitary sewage system, including on-site systems, will be designed and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
5. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
B. In determining if the requirements of this section have been fulfilled, the intent of this chapter and at least the following items shall be considered:
1. The adequacy of anchorage to resist flotation and lateral movement;
2. The installation of watertight doors, bulkheads, and shutters, or similar methods of closure;
3. The reinforcement of walls to resist water pressures;
4. The use of paint, membranes, or mortars to reduce seepage of water through walls;
5. The addition of mass or weight to structures to resist flotation;
6. The installation of pumps to lower water levels in structures;
7. The construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters;
8. The installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures;
9. The building design and construction to resist rupture or collapse caused by water pressure or floating debris;
10. The location and installation of all electrical equipment, circuits, appliances and heating systems so that they are protected from inundation;
11. The location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare; or design such facilities to prevent flotation of storage containers which could result in the escape of toxic materials into floodwaters;
12. The use of materials such as sheathing, siding, subflooring and underlayment that are not subject to water damage due to prolonged submersion;
13. The use of closed-cell insulation to prevent waterlogging and consequent loss of insulating ability;
14. The location of oil storage tanks outside the structure and anchoring to prevent disturbance by floodwater. Tanks should be placed upon and secured to a concrete base slab of sufficient volume to prevent flotation. In the calculation of required anchorage, little recognition should be given to shear of friction values of the soils as they will be substantially reduced due to saturation. Both fill and vent pipes should extend above the high water level;
15. The installation of a backwater valve in sewer lines in an accessible location immediately adjacent to the exterior foundation wall. (Ord. 75-2 § 4, 1975; Ord. 86-13 § 1, 1986; Ord. 87-04 § 1, 1987; Ord. 92-21 § 2 (part), 1992.)
15.04.060 Subdivision and utility regulations.
A. The city shall deny permission to subdivide or develop land within flood hazard areas unless the following requirements have been fulfilled:
1. The land subdivision and development are consistent with the need to minimize flood damages;
2. All public utilities and facilities such as sewer, gas, electrical and water systems shall be located, elevated or constructed to minimize or eliminate flood damage;
3. Adequate drainage shall be provided to reduce the exposure of structures, utilities and facilities to flood hazards;
4. The preliminary and final plat shall include the ground elevation at convenient reference points and as approved by the planning director.
B. All new or replacement water supply systems and sanitary sewage systems, including on-site systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
C. All new or replacement public utilities such as gas, electric and telephone systems shall be designed or constructed to eliminate disruptions due to flooding and associated hazards.
D. In determining if the requirements of this section are fulfilled, the city shall consider the intent of this chapter and at least:
1. The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses;
2. The danger that intended uses may be swept onto other lands or downstream to the injury of others;
3. The adequacy of proposed water supply systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
5. The importance of the services provided by the proposed facility to the community;
6. The requirements of the subdivision for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed subdivision and land uses;
8. The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future;
9. The relationship of the proposed subdivision to the comprehensive plan and floodplain management program for the area;
10. The safety of access to the property for emergency vehicles in times of flood;
11. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site;
12. 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;
13. The installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and stormwaters into buildings or structures. (Ord. 75-2 § 5, 1975; Ord. 86-13 § 1, 1986.)
15.04.061 Residential structures.
The lowest floor of new construction or substantial improvement shall be located at or above the one-hundred-year flood level. All manufactured homes to be placed or substantially improved 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 shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 15.04.050(A)(2). (Ord. 94-01, 1994.)
15.04.062 Nonresidential structures.
A. The lowest floor of new construction or substantial improvement shall be located at or above the one-hundred-year flood level or is floodproofed to that level.
B. All manufactured homes to be placed or substantially improved 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 shall be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 15.04.050(A)(2). (Ord. 82-6 § 4 (part), 1982; Ord. 86-13 § 1, 1986; Ord. 87-04 § 1, 1987.)
15.04.063 Floodproofing.
Where floodproofing is utilized for a particular structure either:
A. A registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specified elevation to which such structures are floodproofed shall be maintained by the community; or
B. A certified copy of a local regulation containing detailed floodproofing specifications which incorporate standard, accepted watertight performance standards shall be submitted to the Federal Emergency Management Agency (FEMA) for approval. (Ord. 82-6 § 4 (part), 1982; Ord. 86-13 § 1, 1986.)
15.04.064 Coastal high hazard areas.
A. Within coastal high hazard areas (V zones) the city shall:
1. Require that all new construction within zones V1-V30 on the FIRM be located landward of the reach of mean high tide, or that water-dependent structures that require an over-water location shall petition for a variance;
2. Provide, that all new construction and substantial improvements within zones V1-V30 on the FIRM are elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level;
3. It shall be the responsibility of the applicant that a registered professional engineer or architect certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and storm wave wash;
4. Provide, that all new construction and substantial improvements within zones V1-V30 on the FIRM have the space below the lowest floor free of obstructions, or be constructed with breakaway walls intended to collapse under stress due to abnormally high tides or wind-driven water without jeopardizing the structural support of the structure. Such temporarily enclosed space shall not be used for human habitation;
5. Prohibit the use of fill for structural support of buildings within zones V1-V30 on the FIRM.
B. Gravel or rock with armor rock or other substantial material such as sheet piling, or concrete bulkhead in front shall be considered suitable for structural support. (Ord. 82-6 § 4 (part), 1982; Ord. 86-13 § 1, 1986.)
15.04.065 Flood-related erosion hazard areas.
A. In floodprone areas not covered by the Dillingham flood insurance study and maps, all structures shall be set back from the tidal waterfront sufficiently to avoid possible damage from wave runup flooding; to protect shoreline resources from unnecessary degradation, and maintain public access and scenic values. All new or expanded shoreline development which does not require a water edge or water surface location shall be set back twenty-five feet from the ordinary high water mark, provided that, on erosional or otherwise geologically unstable bluffs or banks exceeding ten feet in height or on banks sloping more than thirty percent, any setback shall be measured from bank rim to top of such slope respectively. These setbacks apply to primary structures and accessory buildings. These setbacks do not apply to shoreline-dependent development that requires an over-water or water-edge location (e.g., seafood processing) or to outdoor decks or patios. Water-dependent structures that require an over-water or water-edge location shall be elevated at least two feet above the ordinary high tide.
B. Shoreline setbacks may be altered by the planning commission if site-specific conditions (e.g., topography) make the setback impracticable. (Ord. 82-6 § 4 (part), 1982; Ord. 86-13 § 1, 1986).
15.04.070 Existing structures.
Nothing in this chapter shall be construed as applying to any structures existing prior to the effective date of the ordinance codified in this chapter unless they are substantially improved or relocated after the effective date of the ordinance codified in this section, or September 30, 1982, the effective date of the flood insurance rate maps. (Ord. 82-6 § 5, 1982; Ord. 75-2 § 6, 1975; Ord. 86-13 § 1, 1986.)
15.04.075 Authority to enter contracts.
The city is authorized to enter into contracts and agreements with other government entities for the purpose of implementing the provisions of this chapter. (Ord. 75-2 § 6(c), 1975; Ord. 86-13 § 1, 1986.)
15.04.080 Conflicting provisions.
Permits issued pursuant to this chapter shall conform to all ordinances or regulations as are from time to time established or amended; however, this chapter shall control in the event of any conflict unless specifically stated otherwise or unless the conflicting ordinance is more restrictive. (Ord. 75-2 § 6(a), 1985; Ord. 86-13 § 1, 1986.)
15.04.090 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 may occur on rare occasions and 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, any officer or employee thereof or the Federal Insurance Administration for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 86-13 § 1, 1986.)
15.04.100 Variances.
A. Variances may be issued by the planning commission for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in this section. Procedures for the granting of variances by the city are as follows:
1. Variances shall not be issued by the city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
2. Variances may be issued by the city 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, in conformance with the procedures of paragraphs A3, 4, 5, and 6 of this section.
3. Variances shall only be issued by the city 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, and
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 and ordinances.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
In passing upon variance applications, the planning commission 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 use 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 cost 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 ordinance, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
6. Variances may be issued to accommodate the needs of functionally dependent uses. A “functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
7. Variances may be issued for nonresidential buildings to allow a lesser degree of floodproofing than watertight or dry floodproofing, where the economic activity and resulting benefit to the community outweighs the damage potential.
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. Variances may be issued for nonresidential new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria for variance are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
10. The city shall notify the applicant in writing over the signature of the planning director that:
a. 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 as high as twenty-five dollars for one hundred dollars of insurance coverage, and
b. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph A6 of this section, and
11. The planning department shall:
a. Maintain a record of all variance actions, including justification for their issuance, and
b. Report such variances issued in its annual report submitted to the Federal Insurance Administrator. (Ord. 82-6 § 6, 1982; Ord. 86-13 § 1, 1986; Ord. 87-04 § 1, 1987.)
15.04.110 Appeals.
Appeals of decisions by the planning director or planning commission alleging errors in any requirement, decision or determination made in the enforcement or administration of the floodplain regulations shall be heard by the board of adjustment pursuant to the procedures established at Chapter 18.56. (Ord. 86-13 § 1, 1986; Ord. 92-21 § 2 (part), 1992.)
15.04.120 Violation—Enforcement.
The planning director will administer and enforce this chapter, unless otherwise designated under Section 15.04.041(B). The planning director or designee may order the discontinuance of unlawful uses of land, buildings or structures; the removal or abatement of unlawful buildings or structures or any unlawful additions or alterations thereto; the discontinuation of construction or preparatory activity leading to an unlawful structure or use of land; or any other action necessary to ensure compliance with this chapter. (Ord. 92-21 § 2 (part), 1992.)
15.04.125 Violation—Penalties and remedies.
A. Violation. A violation of provisions of this chapter shall be a civil offense. Upon conviction, the court shall levy the appropriate fine of three hundred dollars for each day the violation exists not to exceed one thousand dollars and assess any surcharge required to be imposed under AS 12.55.039. Each day that an unlawful act or condition continues constitutes a separate violation.
B. Remedies.
1. In case any structure is constructed or substantially improved in violation of this chapter, the city, in addition to other remedies, shall institute any proper actions or proceedings necessary, including enjoining of connections to public utilities, to restrain, correct or abate such violations.
2. Pursuant to AS 29.40.190, the city or an aggrieved person may institute a civil action against a person who violates a provision of this chapter, or a term, condition or limitation imposed by the planning commission. (Ord. 75-2 § 6(b), 1975; Ord. 86-13 § 1, 1986; Ord. 92-21 § 2 (part), 1992; Ord. 99-04 § 18, 1999.)