(A) Variance procedures and requirements. Any variance to the provisions of this chapter, as requested by an applicant, shall be considered in accordance with the procedures and requirements for a variance as provided in the zoning regulations of this city code.
(B) Notice of variance request to the Department of Natural Resources. The responsible person shall submit, by mail to the Commissioner of Natural Resources, a copy of the application for the proposed variance, sufficiently in advance so that the Commissioner will receive the application at least ten days prior to the City Council's consideration of the request.
(C) Variance criteria of the Federal Emergency Management Agency. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(1) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
(2) Variances shall only be issued upon:
(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 or ordinances; and
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) Regulatory flood protection elevation maintained. No variance shall permit a lower degree of flood protection than the regulatory flood protection elevation.
(E) Flood insurance notice. The responsible person shall notify the applicant for a variance that:
(1) 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 $25 for $100 of insurance coverage; and
(2) Such construction below the 100-year or regional-flood level increases risks to life and property.
(F) Record keeping. The responsible person shall keep a record of the notifications provided in accordance with division (E) with the record of all variance actions. A record of all variance actions, including justifications for their issuance, shall be maintained by the city, and the city will report such variances issued in its annual report submitted to the Administrator of the National Flood Insurance Program.
(G) Notice of decisions submitted to the Department of Natural Resources. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of each such action.
(Ord. 927, passed 10-27-11)