A. Application For Variance:
1. An application for a variance must be submitted to the city clerk on the required form and include, at a minimum, the same information required for a development permit and an explanation for the basis for the variance request.
2. Upon receipt of a completed application for a variance, the request will be set for public hearing at the next city council meeting in which time is available for the matter to be heard.
3. Prior to the public hearing, notice of the hearing will be published in the official newspaper of the city at least fifteen (15) days prior to the hearing. In addition to the newspaper publication, written notice shall be provided to all adjoining property owners.
4. The applicant must show that the variance is warranted and meets the criteria established in this section.
B. Variance Criteria:
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
2. Variances 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.
3. Variances will only be issued for nonresidential buildings in very limited circumstances.
4. Variances may be issued upon:
a. A showing by the applicant of good and sufficient cause;
b. A determination that failure to grant the variance would 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 and ordinances;
c. A determination that a variance request within a designated floodway will not result in any increase in flood levels during the base flood discharge;
d. A determination that the variance request is the minimum necessary, considering the flood hazard, to afford relief.
C. Decision: The decision to grant or deny a variance will be in writing and explain the reasons for the approval or denial. If the variance is granted, the decision will also advise the property owner that the permitted building 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. (Ord. 3380 §7, 2010)