(1) Application And Process:
A. An application for a variance must be submitted to the Floodplain Administrator on the form provided by the Canyon County Development Services Department and include, at a minimum, the same information required for a development permit, an explanation for the basis for the variance request and appropriate fee.
B. Upon receipt of a completed application for a variance, the variance request will be reviewed by the Floodplain Administrator. Compliance with granting a variance shall be within the discretion of the Floodplain Administrator following a full review of the facts as stated on the application and as a result of the required agency notification.
C. Prior to decision by the Floodplain Administrator, notice of the variance request will be provided to the applicable Flood District and Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) at least fifteen (15) days prior to decision by the Floodplain Administrator.
D. The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.
(2) Issuance: Variances shall only be issued:
A. Upon 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;
B. For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;
C. Upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
D. Upon showing of good and sufficient cause;
E. Upon determination that failure to grant the variance would result in exceptional hardship to the applicant;
F. Upon showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity of water. This includes only facilities defined in section 07-10A-03 of this article in the definition of "functionally dependent use".
(3) Variance Criteria:
A. In considering variance applications, Canyon County shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:
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;
5. The necessity to the facility of a waterfront location as defined under section 07-10A-03 of this article as a functionally dependent facility, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion damage for the proposed use;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
B. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
(4) Variance Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted development will have its lowest floor below the flood protection elevation and that the cost of flood insurance likely will be commensurate with the increased flood damage risk. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (Ord. 19-038, 8-30-2019)
07-10A-15: APPEALS:
(1) Hearing And Decision: The Board of Canyon County Commissioners shall hear and decide appeals from the interpretations of the Floodplain Administrator.
(2) Filing: An appeal must be filed with the Floodplain Administrator within fourteen (14) days of the date of any permit denial or interpretation of the Administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the Floodplain Administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.
(3) Ruling: Upon receipt of a completed appeal, the appeal will be scheduled for the next available Board of Commissioners meeting to be heard. The Board of Commissioners shall consider the following in ruling on an appeal:
A. All technical evaluations, all relevant factors, standards specified in this section, including:
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 effects of such damage on the individual landowner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flooding for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. The cost of providing government services during and after flood conditions;
12. Including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) Decision: The Board of Commissioners' decision on appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. 19-038, 8-30-2019)