(A) A VARIANCE means a modification of a specific permitted development standard required in an official control, including this chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined, and elaborated upon, in a community’s respective planning and zoning enabling legislation, and this chapter.
(B) The Board of Adjustment may authorize, upon appeal in specific cases, the relief or variance from the terms of this chapter as will not be contrary to the public interest, and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly identify, in writing, the specific conditions that existed consistent with the criteria specified in this chapter, any other zoning regulations of the community, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
(2) Variances shall only be issued by a community upon:
(a) 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.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(C) Variances from the provisions of this chapter may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this chapter. No variance shall allow, in any district, a use prohibited in that district, or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.
(D) The Board of Adjustment shall submit, by mail, to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded, by mail, to the Commissioner of Natural Resources within ten days of the action.
(E) Appeals from any decision of the Board of Adjustment may be made, and as specified in this community’s official controls, and also state statutes.
(F) The Zoning Administrator 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 in an amount as set by Council from time to time; and
(2) The construction below the 100-year, or regional, flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions. This community shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(Ord. 262, passed 10-12-2009)