(a) In passing upon a variance application, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Article, and the following:
(1) The danger that materials may be swept into 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, 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 the existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
(9) The safety of access to the property at 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, streets and bridges.
(b) Conditions for variances.
(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided that items (i) through (xi) in Subsection (b)(1) above have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justifications required for issuing the variance increase.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the BFE and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation
(c) Upon consideration of the factors of subsection (b)(1) above and the purposes of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article.
(d) The City Manager, shall maintain records of all appeals and report to the FEMA.
(Ord. 395 §3, 2016; Ord. 398 §2, 2016)