Ord 2004-092 - Laserfiche WebLink

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~ 41 J Chapter 1 Development Procedures - Article 9' Construction Permits (b) Variances. The applicant may file a petition for variances to the standards applicable to a Floodplain Permit in accordance with Article 10, Division 2 of this Chapter 1. The variance petition shall be forward to the Planning and Zoning Commission for decision, together with the application for a Floodplain Permit. The Commission's decision on the petition shall be in accordance with the criteria in Article 10, Division 2 of this Chapter I and in consideration of the following factors and may include any conditions that assure safety from flooding: (1) Any increase in flood levels in any designated floodway would result during the base flood discharge; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner; (4) The danger that materials may be swept onto other lands to the injury of others; (5) The safety of access to the property III times of flood for ordinary and emergency vehicles; (6) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities including sewer, gas, electrical and water systems; (7) 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 (8) The necessity of a waterfront location for the proposed use, where applicable. (c) Special Variances. Variances may be approved by the Planning and Zoning Commission in the following special circumstances: (1) For historic structures, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (d) Notification of Variances Granted. The Director shall notify the property owner in writing of the granting of any variance under Article 3, Division 2 of this Land Development Code, which notices shall contain the statement that the structure will be permitted to be built with the 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. The Director also City of San Marcos, Texas 1-141 Land Development Code - Final