A. Purpose: The purpose of this section is to provide a relief from national flood insurance program standards as they pertain to a physical piece of property and at the same time not jeopardizing sufficient flood protection.
B. Applicability: Variances may be issued consistent with the FEMA variance and exception regulations as set forth in 44 CFR chapter 1, section 60.6.
C. Process:
1. An application and fees, as set forth in section 8-7-4 of this title, shall be submitted to the director on forms provided by the development services department.
2. The board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article including, but not limited to, the expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters if applicable, expected at the site.
3. The board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
4. The board shall apply the findings listed in subsection D of this section to review the variance.
5. Any applicant to whom a variance is granted shall be given written notice that:
(a) The issuance of the 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 ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(b) Such construction below the base flood level increases the risk to life and property.
D. Required Variance Findings:
1. The proposed use adequately mitigates any danger that materials may be swept onto other properties to the injury of others;
2. The proposed use adequately mitigates the danger to life and property due to flooding or erosion damage;
3. The proposed use minimizes the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4. The proposed use provides an important service to Ada County;
5. The proposed use shall not cause extraordinary public expense in providing governmental services during post-flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges;
6. The proposed use shall not have available alternative locations that are not subject to flooding or erosion damage;
7. The proposed use provides for safe access to the property in times of flood for ordinary and emergency vehicles;
8. The variance shall not conflict with existing local laws or articles;
9. The variance is the minimum necessary, considering the flood hazard, to afford relief;
10. The variance shall not result in increased flood heights during the base flood discharge;
11. The variance shall not cause fraud on or victimization of the public; and
12. Failure to grant the variance would result in exceptional hardship to the applicant.
E. Required Findings For Historic Structures: In addition to the findings in subsection D of this section, the following findings are required for variances for historic structures:
1. The proposed repair or rehabilitation of the structure will not preclude the structure's continued designation as a historic structure; and
2. The variance is the minimum necessary to preserve the historic character and design of the structure. (Ord. 835, 12-3-2014; Ord. 914, 6-10-2020)