A.   Authority: The legislature of the State of Iowa has in chapter 414, Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

   B.   Findings Of Fact:

      1.   The flood hazard areas of the City of Knoxville are subject to periodic inundation which can result 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 of the community.

      2.   These losses, hazards and related adverse effects are caused by: a) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flood and b) the cumulative effect of floodplain construction on flood flows, which causes increases in flood heights and floodwater velocities.

   C.   Statement Of Purpose: It is the purpose of this chapter to promote the public health, safety and general welfare by minimizing those flood losses described in subsection B2 of this section with provisions designed to:

      1.   Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

      2.   Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

      3.   Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

      4.   Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. (Ord. 07-06, 10-15-2007)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and so as to give this chapter its most reasonable application.

APPURTENANT STRUCTURE: A structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

BASE FLOOD: The flood having one percent (1%) chance of being equaled or exceeded in any given year. (See definition of 100-year flood.)

BASE FLOOD ELEVATION: The elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

BASEMENT: Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see definition of lowest floor.

DEVELOPMENT: 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.

EXISTING CONSTRUCTION: Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community. May also be referred to as "existing structure".

EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION: A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.

EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FACTORY BUILT HOME: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter factory built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.

FACTORY BUILT HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more factory built home lots for rent or sale.

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

FLOOD ELEVATION: The elevation floodwater would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

FLOOD INSURANCE RATE MAP: The official map prepared as part of (but published separately from) the flood insurance study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY: A study initiated, funded and published by the Federal Insurance Administration for the purposes of evaluating in detail the existence and severity of flood hazards; providing the City with the necessary information for adopting a Floodplain Management Program; and establishing actuarial flood insurance rates.

FLOODPLAIN: Any land area susceptible to being inundated by water as a result of a flood.

FLOODPLAIN MANAGEMENT: An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including, but not limited to, emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

FLOODWAY: The channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge floodwaters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities.

FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

   A.   Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;

   B.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

   C.   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

   D.   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: 1) an approved State program as determined by the Secretary of the Interior or 2) directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR: The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

   A.   The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of subsection 9-16-4B3a of this chapter; and

   B.   The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and

   C.   Machinery and service facilities (e.g., water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100-year flood level; and

   D.   The enclosed area is not a "basement" as defined in this section.

In cases where the lowest enclosed area satisfies criteria in subsections A, B, C and D of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

MINOR PROJECTS: Small development activities (except for filling, grading and excavating) valued at less than five hundred dollars ($500.00).

NEW CONSTRUCTION (New Buildings, Factory-Built Home Parks): Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.

100-YEAR FLOOD: A flood, the magnitude of which has a one percent (1%) chance of being equalled or exceeded in any given year or which, on the average, will be equalled or exceeded at least once every one hundred (100) years.

RECREATIONAL VEHICLE: A vehicle which is:

   A.   Built on a single chassis;

   B.   Four hundred (400) square feet or less when measured at the largest horizontal projection;

   C.   Designed to be self-propelled or permanently towable by a light duty truck; and

   D.   Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES: Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

   A.   Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;

   B.   Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

   C.   Basement sealing;

   D.   Repairing or replacing damaged or broken window panes;

   E.   Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

SPECIAL FLOOD HAZARD AREA: The land within a community subject to the "100-year flood". This land is identified as Zone A on the community's Flood Insurance Rate Map.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within one hundred eighty (180) days of the permit date.

The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built 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 and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the 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.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE: Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, factory built homes, storage tanks and other similar uses.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any improvement to a structure which satisfies either of the following criteria:

   A.   Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair has started, or 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: 1) any project for improvement of a structure to correct existing violations of State or local Health, Sanitary or Safety Code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions or 2) any alteration will not preclude the structure's continued designation as a "historic structure".

   B.   Any addition which increases the original floor area of a building by twenty five percent (25%) or more. All additions constructed after February 16, 1988, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty five percent (25%).

VARIANCE: A grant of relief by a community from the terms of the floodplain management regulations.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

   A.   Lands To Which Chapter Applies: This chapter shall apply to all areas having special flood hazards within the jurisdiction of the City of Knoxville. For the purpose of this chapter, the special flood hazard areas are those areas designated as Zone A on the Flood Insurance Rate Maps for Marion County and incorporate areas, City of Knoxville, panels 19125C0300D, 0303D, 0304D, 0308D, 0311D, 0312D, dated February 16, 2018 which are hereby adopted and made a part of this chapter. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

   B.   Rules For Interpretation Of Flood Hazard Boundaries: The boundaries of the special flood hazard areas shall be determined by scaling distances on the official flood insurance rate map. Where interpretation is needed as to the exact location of a boundary, the Floodplain Administrator shall make the necessary interpretation.

   C.   Compliance: No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

   D.   Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

   E.   Interpretation: In their interpretation and application, the provisions of this chapter shall be held to meet minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

   F.   Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated special flood hazard areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Knoxville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

   G.   Severability: If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. (Ord. 07-06, 10-15-2007)

All uses shall meet the following standards. Where needed, the Department of Natural Resources shall be contacted to compute 100-year flood elevation and floodway data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

   A.   Generally: All development within the special flood hazard areas shall:

      1.   Be consistent with the need to minimize flood damage.

      2.   Use construction methods and practices that will minimize flood damage.

      3.   Use construction materials and utility equipment that are resistant to flood damage.

      4.   Obtain all other necessary permits from Federal, State and local governmental agencies including approval when required from the Iowa Department of Natural Resources.

   B.   Structures:

      1.   New or substantially improved residential structures shall have the first floor, including basement, elevated a minimum of one foot (1') above the 100-year flood level.

      2.   New or substantially improved nonresidential structures shall have the first floor, including basement, elevated a minimum of one foot (1') above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure below the 100-year flood level is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to national geodetic vertical datum) to which any structures are floodproofed shall be maintained by the Floodplain Administrator.

      3.   All new and substantially improved structures:

         a.   Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding 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 meet or exceed the following minimum criteria:

            (1)   A minimum of two (2) 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.

            (2)   The bottom of all openings shall be no higher than one foot (1') above grade.

            (3)   Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord. 07-06, 10-15-2007)

            (4)   All such areas shall be used solely for parking of vehicles, building access and low damage potential storage. (Ord. 17-08, 12-18-2017)

         b.   New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

         c.   New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

   C.   Factory Built Homes:

      1.   Factory built homes including those placed in existing factory built home parks or subdivisions shall be anchored to resist flotation, collapse or lateral movement.

      2.   Factory built homes including those placed in existing factory built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot (1') above the 100-year flood level. (Ord. 07-06, 10-15-2007)

   D.   Subdivisions:

      1.   Subdivisions including factory built home parks and subdivisions shall be consistent with the need to minimize flood damage and shall provide adequate drainage to reduce exposure to flood hazards. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this chapter.

   E.   Utility And Sanitary Systems:

      1.   All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of floodwaters into the system as well as the discharge of effluent into floodwaters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot (1') above the 100-year flood elevation. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

      2.   On site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. (Ord. 07-06, 10-15-2007)

      3.   New or replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot (1') above the 100-year flood elevation. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

      4.   Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. (Ord. 07-06, 10-15-2007)

   F.   Watercourse Alterations Or Relocations:

      1.   All watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

   G.   Storage Of Flammable Or Explosive Material: Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot (1') above the 100-year flood level. Other material and equipment must either be similarly elevated or: 1) not be subject to major flood damage and be anchored to prevent movement due to floodwaters or 2) be readily removable from the area within the time available after flood warning. (Ord. 07-06, 10-15-2007)

   H.   Flood Control Structures:

      1.   Flood control structural works such as levees, flood walls, etc., shall provide, at a minimum, protection from a 100-year flood with a minimum of three feet (3') of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

   I.   Accessory Structures To Residential Uses:

      1.   Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied.

         a.   The structure shall be designed to have low flood damage potential. Its size shall not exceed six hundred (600) square feet in size. Those portions of the structure located less than one foot (1') above the BFE must be constructed of flood- resistant materials.

         b.   The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation.

         c.   The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

         d.   The structure shall be firmly anchored to resist flotation, collapse and lateral movement.

         e.   The structure's service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot (1') above the base flood elevation.

         f.   The structure's walls shall include openings that satisfy the provisions of subsection B3a of this section.

      2.   Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

   J.   Recreational Vehicles:

      1.   Recreational vehicles are exempt from the requirements of subsection C of this section regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

         a.   The recreational vehicle shall be located on the site for less than one hundred eighty (180) consecutive days, and,

         b.   The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

      2.   Recreational vehicles that are located on the site for more than one hundred eighty (180) consecutive days or are not ready for highway use must satisfy requirements of subsection C of this section regarding anchoring and elevation of factory-built homes.

   K.   Pipeline: Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. (Ord. 17-08, 12-18-2017)

   A.   Appointment, Duties And Responsibilities Of Floodplain Administrator:

      1.   The City Manager is hereby designated by the City Council to administer and enforce this chapter and will herein be referred to as the Floodplain Administrator.

      2.   Duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:

         a.   Review all floodplain development permit applications to assure that the provisions of this chapter will be satisfied.

         b.   Review all floodplain development permit applications to assure that all necessary permits have been obtained from Federal, State or local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.

         c.   Record and maintain a record of the elevation (in relation to national geodetic vertical datum) of the lowest floor of all new or substantially improved structures in the special flood hazard areas or the elevation to which new or substantially improved structures have been floodproofed.

         d.   Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

         e.   Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this chapter.

   B.   Floodplain Development Permit:

      1.   Permit Required: A floodplain development permit issued by the Floodplain Administrator shall be secured prior to initiation of any floodplain development (any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory built homes.

      2.   Application For Permit: Application for a floodplain development permit shall be made on forms supplied by the Floodplain Administrator and shall include the following:

         a.   Description of the work to be covered by the permit for which application is to be made.

         b.   Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.

         c.   Identification of the use or occupancy for which the proposed work is intended.

         d.   For developments involving more than five (5) acres, the elevation of the 100-year flood.

         e.   Elevation (in relation to national geodetic vertical datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.

         f.   For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

         g.   Such other information as the Floodplain Administrator deems reasonably necessary for the purpose of this chapter.

      3.   Procedure For Acting On Permit Application: The Floodplain Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. In reviewing proposed development, the Floodplain Administrator shall obtain, review and reasonably utilize any available floodplain information or data from Federal, State or other sources. (Ord. 07-06, 10-15-2007)

   C.   Subdivision Review: The Floodplain Administrator shall review all subdivision proposals within the special flood hazard areas to assure that such proposals are consistent with the purpose and spirit of this chapter and shall advise the City Council of potential conflicts. Floodplain development in connection with a subdivision (including installation of public utilities) shall require a floodplain development permit as provided in subsection B of this section. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Floodplain District. (Ord. 07-06, 10-15-2007; amd. Ord. 17-08, 12-18-2017)

   D.   Variance:

      1.   Authorization: The Board of Appeals may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.

         a.   Variances shall only be granted upon: 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of the 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 codes or ordinances.

         b.   Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

         c.   In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that: 1) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and 2) such construction increases risks to life and property.

      2.   Factors Upon Which The Decision Of The Board Of Appeals Shall Be Based: In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:

         a.   The danger to life and property due to increased flood heights or velocities caused by encroachments.

         b.   The danger that materials may be swept on to other land or downstream to the injury of others.

         c.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

         d.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

         e.   The importance of the services provided by the proposed facility to the City.

         f.   The requirements of the facility for a floodplain location.

         g.   The availability of alternative locations not subject to flooding for the proposed use.

         h.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

         i.   The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.

         j.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

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

         l.   The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

         m.   Such other factors which are relevant to the purpose of this chapter.

      3.   Conditions Attached To Variances: Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:

         a.   Modification of waste disposal and water supply facilities.

         b.   Limitation of periods of use and operation.

         c.   Imposition of operational controls, sureties, and deed restrictions.

         d.   Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.

         e.   Floodproofing measures. (Ord. 17-08, 12-18-2017)

Violations of the provisions of this chapter or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days. Nothing herein contained prevents the City of Knoxville from taking such other lawful action as is necessary to prevent or remedy violation. (Ord. 17-08, 12-18-2017)