A. Application For Variance: A variance from the terms of this chapter shall not be considered until a written application for a variance containing the data required by subsection 8-7-4-2B of this code and a narrative statement, demonstrating the requested variance has mitigated items contained in subsection B of this section, is filed with the zoning administrator for submission to the city planning and zoning commission and the city council.
B. Procedure For Approval Of Variance:
1. Upon receipt of a complete variance application from the zoning administrator, the city planning and zoning commission and the city council shall follow the notice and hearing procedures outlined in subsection 8-7-4-4A of this code and action requirements outlined in subsection 8-7-4-4B of this code.
2. The city planning and zoning commission may recommend to the city council that the city council approve, disapprove, or approve conditionally a requested variance. After receipt of the commission's recommendation and compliance with subsection 8-7-4-4A of this code, the city council may approve, disapprove or approve conditionally, by attaching such conditions to the granting of a variance as is deemed necessary to further the purposes of this chapter, a requested variance. In making a decision, the city planning and zoning commission and the city council shall consider all technical evaluations and all relevant factors and standards specified in other sections of this chapter and:
a. The danger that materials may be swept onto other land to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its content to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to flooding and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 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
k. 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.
3. The applicant shall include a written report addressing each of the above factors in division B2a through B2k with their application for a variance.
4. Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of this chapter.
5. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance up to twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.
6. The floodplain administrator shall maintain the records of all appeal actions and report any variances to the federal emergency management agency and the state of Idaho upon request.
C. Standards And Conditions Of Variance:
1. Variances may be issued for:
a. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure on the national register of historic places or the state inventory of historic places to preserve the character and design of the structure.
b. Variances may be issued by a community 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 base flood level, in conformance with the procedures of division B;
2. Variances shall not be issued within any designated floodway or flood fringe area if the variance would result in any increase in flood levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variances would result in exceptional hardship; and
c. 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 as identified in items contained in section 10-1-7, of this chapter, or conflict with existing local laws or ordinances.
5. Variances as interpreted in the national flood insurance program are based on the general zoning law principle that they 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. As such, variances from the flood elevations should be quite rare.
6. Variances may be issued for non-residential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, and otherwise complies with the general standards.
7. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life and property, and that the issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions, including justification of the issuance.
D. Records And Reports:
1. The floodplain administrator shall maintain the records of all appeal actions and report any variances to FEMA and the state of Idaho upon request.
2. The floodplain administrator will notify the state NFIP coordinator of the Idaho department of water resources of its intention to grant a variance at least thirty (30) calendar days prior to granting a variance.
(Ord. 127, 1-12-1988; amd. Ord. 815, 7-23-2019)
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