11-08-08: VARIANCES AND APPEALS:

   1.   General Provisions:

      A.   Consideration Of Size And Location: Generally, the only circumstances under which a variance may be issued are for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size, contiguous to and surrounded by, lots with existing structures constructed below the Base Flood Elevation.

      B.   Consideration Of Standards: Variances may only be approved after the standards provided in (see Section C below) have been fully considered. As the lot size increased beyond 1/2 acres, the technical justification for issuing the variance increases.

      C.   Consideration Of Technical Information: In the review of requests for variances, the Planning and Zoning Commission shall consider all technical evaluations, all relevant factors, and standards specified in this chapter:

         (1)   The danger that materials may be swept onto other lands to the injury of others;

         (2)   The danger to life and property due to flooding or erosion damage;

         (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

         (4)   The importance of the services provided by the proposed facility to the community; the necessity to the facility of a waterfront location where applicable;

         (5)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

         (6)   The compatibility of the proposed use with existing and anticipated development;

         (7)   The relationship of the proposed use to the Boise City Comprehensive Plan and floodplain management program for that area;

         (8)   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         (9)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and

         (10)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities including but not limited to sewer, gas, electrical, water systems, and streets and bridges.

   2.   Conditions For Variances: For new developments and substantial improvements to existing structures, the conditions for a variance shall comply with Section 11-08-07.1.D as well as the following:

      A.   Prohibitions: Variances shall not be issued within any designated floodway if any increase in flood levels during the Base Flood discharge would result.

      B.   Necessary Minimum: A variance shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      C.   Approval Criteria: A variance shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, degradation of or victimization of the public, or conflict with existing local laws or ordinances.

      D.   Rarely Allowed: Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

      E.   Variances For Nonresidential Structures: Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and otherwise complies with of the Standards for Uses and Standard for Utilities.

      F.   Conditions For Approval: Upon consideration of the factors and the purposes of this chapter, the PZC may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

      G.   Flood Insurance Notice Required: Any applicant to whom a variance is issued shall be given written notice that the cost of flood insurance may be commensurate with any increased flood risk.

      H.   The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance.

   3.   Appeals:

      A.   Process For An Appeal:

         (1)   The applicant or any aggrieved party may appeal the Director's decision or determination to the PZC in accordance with this Code (Section 11-03-03.9).

         (2)   The applicant or any aggrieved party may appeal the PZC decision or determination to the Council in accordance with this Code (Section 11-03-03.9).

         (3)   Within 10 calendar days after receipt of the appeal, the Council shall establish a date for hearing such appeal and shall notify the appealing party and all persons notified for the previous hearing.

         (4)   The Council, in reviewing the decision of the PZC, may sustain or deny the PZC, or the Council may amend or modify the decision or determination of the PZC by imposing additional or different conditions or limitations.

      B.   Basis For An Appeal: An appeal which alleges that there is an error in any requirement, decision, or determination made by any administrative officer of Boise City, or by the PZC in the enforcement or administration of this chapter, shall be supported by technical and scientific evidence, which may include, but is not limited to:

         (1)   An actual copy of the recorded plat map showing the property;

         (2)   A topographic map showing ground elevation contours and the curvilinear line representing the area subject to inundation by the Base Flood; and

         (3)   Certification by a licensed professional engineer or licensed land surveyor of the elevation of the lowest floor (including basement), the elevation of any fill and the date on which the fill was placed, the elevation to which any structure has been flood-proofed, and written statement setting forth the error alleged and the basis for appeal. (amd. Ord. 15-20, 5-12-2020)