A. Variance Procedure:
1. An application for a variance must be submitted to the city clerk on the form provided by the clerk 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 variance 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 county 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 burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.
B. Criteria For Variances:
1. In judging and acting upon variance applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and
a. The potential danger that materials may be swept onto other lands possibly resulting in the injury of others;
b. The potential danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed development and its contents, if any, to flood damage and the effect of such damage on the individual owner;
d. The importance of the services and benefits of proposed commercial and residential developments to the community;
e. The necessity that certain types of facilities have a waterfront location;
f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and anticipated land use or development;
h. The relationship of the proposed use to the comprehensive plan and floodplain management program of 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 and floating debris, if applicable, expected at the site based on the best available information; and
k. The costs of providing government 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.
2. 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.
3. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances may be considered 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.
5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall not be issued because of mere economic financial hardship along, or because of inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval or preference of neighbors.
7. Variances shall not be issued to avoid a more expensive development alternative, or simply to avoid building in a nonpreferred location on a parcel, or solely to avoid utilization of a parcel in a manner different from that originally intended.
8. 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 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, or conflict with existing state, federal and local laws or ordinances;
d. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, while maintaining the goals and objectives of the ordinance and minimum standards for participation in the national flood insurance program.
9. Variances may be issued for nonresidential 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 all provisions of subsection 11-1-5B of this chapter.
C. Variance Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval or denial. If the variance is granted, the property owner shall be put on notice along with the written decision 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.
D. Appeals: The city council shall hear and decide appeals from the interpretations of the administrator.
1. An appeal must be filed with the city clerk within fifteen (15) days of the date of any permit denial or interpretation of the administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.
2. Upon receipt of a completed appeal, the appeal will be scheduled for the next available council meeting to be heard. The city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, including subsection B1 of this section.
E. Appeal Decision: The city council decision on an appeal shall be in writing and set out the facts, technical information and the legal basis for the decision.
F. No Work Order: Construction, development or substantial improvement, as proposed in any permit application, shall not be permitted while an appeal is still outstanding. (1984 Code § 12-1-6)
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