(A) (1) The Board of Trustees may grant variances for uses which do not satisfy the requirements of the State Floodplain Management Act, 82 O.S. §§ 1601 et seq., or this chapter if the applicant for the variance presents adequate proof that:
(a) Compliance with this chapter will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people; and
(b) Satisfies the pertinent provisions of this section.
(2) However, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards.
(B) Any variance so granted shall not be construed so as to relieve any person who receives it from any liability imposed by the State Floodplain Management Act or by other laws of the state.
(C) In no case shall variances be effective for a period longer than 20 years.
(D) Any person seeking a variance shall file a petition with the Board of Trustees accompanied by a filing fee of $25.
(E) (1) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the relevant factors in § 153.26(B) of this chapter and the provisions of this section and § 153.29 of this chapter have been fully considered.
(2) As the lot size increases beyond such one-half acre, the technical justification required for issuing the variance increases.
(F) Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Chairperson of the Board of Trustees which states that:
(1) The cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation; and
(2) Such construction below the base flood level increases risks to life and property.
(G) At such time as the Board of Trustees deems the petition ready for notification to the public, the Board of Trustees shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in the county at least 30 days prior to the hearing.
(H) (1) The Board of Trustees shall conduct the hearing and make determinations in accordance with the applicable provisions of this section and § 153.29 of this chapter.
(2) This appeals group shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted.
(I) Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that the failure to grant a variance would result in exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws, regulations or ordinances; and
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(K) The Floodplain Administrator shall maintain a record of all variance actions, including the justification for their issuance, and a copy of any variance issued by the Board of Trustees shall be sent by the Floodplain Administrator to the OWRB and FEMA within 15 days after issuance of the variance.
(Prior Code, § 12-215) (Ord. 2010-07, passed 1-11-2011)