No variances shall be granted to any development located in a "designated floodway" (except as stipulated in subsection C of this section) as defined in section 14-1-2 of this chapter. However, when a development proposal is located outside of a designated floodway, and whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the engineering committee (planning and zoning board or floodplain commission) for a variance. The director of engineering shall review the applicant's request for a variance and shall submit his recommendation to the city council.
A. No variance shall be granted unless the applicant demonstrates that:
1. The development activity cannot be located outside the SFHA;
2. An exceptional hardship would result if the variance were not granted;
3. The relief requested is the minimum necessary;
4. There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat or creation of a nuisance;
The criteria for granting a variance should recognize and include the fact that there are legitimate stream uses and functions, which may be adversely affected by the granting of the variance. These uses include aesthetics, aquatic habitat and recreation. Since these uses have a definite, though difficult to quantify, economic value, the applicant should demonstrate that these uses will not be impaired by the proposed activity as part of the application for a variance;
5. There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing or repairs to stream beds and banks, roads, utilities or other public facilities;
6. The provisions of sections 14-1-6 and 14-1-9 of this chapter shall be met;
7. The activity is not in a designated floodway;
8. The applicant's circumstances are unique and do not represent a general problem; and
9. The granting of the variance will not alter the essential character of the area involved, including existing stream uses.
B. The director of engineering shall notify an applicant in writing that a variance from the requirements of section 14-1-9 of this chapter that would lessen the degree of protection to a building will:
1. Result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage;
2. Increase the risks to life and property; and
3. Require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability.
C. Variances may be issued for the repair or rehabilitation 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. (Ord. M-15-16, 6-6-2016)