§ 17.8.330  VARIANCE PROCEDURE.
   A.    Board. The Planning Commission shall hear and decide and requests for variances from the requirements of this Code. The Planning Commission shall hear and decide when it is alleged there is an error in any requirement, decision or determination made by the in the enforcement or administration of this Code.
   B.   Any may the decision of the Planning Commission to the City , as provided in § 17.1.640.
   C.   In passing upon such , the Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code, 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 or erosion damage;
      3.   The susceptibility of the proposed facility and its contents to 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 which are not subject to or erosion damage;
      7.   The compatibility of the proposed with existing and anticipated ;
      8.   The relationship of the proposed to the and management program for that area;
      9.   The safety of to the property in times of for ordinary and emergency vehicles;
      10.   The expected heights, velocity, duration, rate of rise and sediment transport of the waters and the effects of wave action, if applicable, expected at the ; and
      11.   The costs of providing governmental services during and after conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and and bridges.
   D.   Upon consideration of the factors of § 17.8.330C. and the purposes of this Code, the Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Code.
   E.   The shall maintain the records of all actions and report any variances to the Federal Insurance Administration upon request.
   F.   Conditions for variances.
      1.   Generally, the only condition under which a from the elevation standard may be issued is for new construction and to be erected on a of one-half or less in size to and surrounded by with existing constructed below the level, providing items (1-11) in § 17.8.330C. have been fully considered. As the size increases the technical justification required for issuing the increases.
      2.   Variances may be issued for the reconstruction, rehabilitation, or restoration of listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the procedures set forth in this section.
      3.   Variances shall not be issued within a designated if any increase in levels during the discharge would result.
      4.   Variances shall only be issued upon a determination that the is the minimum necessary, considering the hazard, to afford relief.
      5.   Variances shall only be issued upon:
         a.   A showing of good and sufficient cause;
         b.   A determination that failure to grant the would result in exceptional hardship to the ; and
         c.   A determination that the granting of a will not result in increased heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 17.8.330C., or conflict with existing local laws or codes.
      6.   Variances as interpreted in the National Insurance Program are based  on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the , its inhabitants, economic or financial circumstances, they primarily address small in densely populated residential neighborhoods. As such, variances from the elevations should be quite rare.
      7.   Variances may be issued for nonresidential 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 criteria except § 17.8.330F.1., and otherwise complies with § 17.8.335A.1.3. of the General Standards.
      8.   Any to whom a is granted shall be given written notice that the will be permitted to be built with a elevation below the d elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced elevation.
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013)