Ord 2020-087/amending Chapter 39 of the SM Code regarding Flood Damage Prevention by providing for enhances flood damage prevention and mitigation standards

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(3) Any person aggrieved by the decision of the director or the planning and zoning commission may appeal the decision to a court of competent jurisdiction. (4) Variances may only be granted when there is: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (5) Variances may only be granted for the minimum necessary deviation from the standards in this article to afford the requested relief. (6) Variances will not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (7) Variances may be issued for the repair or rehabilitation of historic structures if the proposed repair or rehabilitation would 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. (8) Variances may be issued for new construction, substantial improvements, and for other development necessary for the conduct of a functionally dependent use if: (a) The criteria of paragraphs (4) through (6) of this section are met; and (b) 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. Sec. 39.031. Factors to consider in granting a variance request. The planning and zoning commission shall consider all technical evaluations, provisions specified in other sections of this article, and: (1) Any increase in flood levels in any designated floodway that would result during the base flood discharge; (2) The danger that materials may be swept onto other lands to the injury of others; (3) The danger to life and property due to flooding or erosion damage;