A. Variances Authorized For Certain Building Construction Items: Except for first floor elevation requirements, the Board of Appeals may authorize, upon request, a variance from the requirements of this chapter as it relates to the following building construction items:
1. Foundation construction.
2. Floodproofing requirements.
3. Any item closely allied to the aforementioned items.
B. Other Variance Requests: The Board of Adjustment may authorize a variance from the terms of this chapter on all other requests.
C. Meeting Certain Standards: Variances granted must not be contrary to the public interests and meet the following applicable standards:
1. No variance shall be granted for any development which would result in any increase in flood heights during the occurrence of the base flood.
2. Variances shall only be granted upon: a) a showing of good and sufficient cause; and b) a determination that owing to special conditions failure to grant the variance would result in exceptional hardship to the applicant; and c) 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.
3. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. All variances granted shall have the concurrence or approval of the Department of Natural Resources.
5. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this section, the applicant shall be notified in writing over the signature of the Administrator that: a) 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; b) such construction increases risks to life and property.
D. Decision Based Upon Certain Factors: In passing upon applications for variances, consideration shall be given to relevant factors specified in other sections of this chapter, and:
1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
2. The danger that materials may be swept onto other land or downstream to the injury of others.
3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the city.
6. The requirements of the facility for a floodplain location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site.
12. Such other factors which are relevant to the purpose of this chapter.
E. Conditions Attached To Variances: Upon consideration of the factors listed above, conditions may be attached to the granting of variances as deemed necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities.
2. Limitation of periods of use and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. 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 practicable alternative to achieving the purpose of this chapter.
5. Floodproofing measures. (2008 Code app. C art. II; amd. Ord. 03- 21, 2-16-2021; Ord. 07-24, 2-20-2024; Ord. 11-24, 4-2-2024)
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