(a) The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
This chapter is designed to help protect the community from flood loss and damage. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this article are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(b) The following may be permitted as a variance from this chapter subject to review and approval of the director:
(1) New construction or substantial improvement of structures, and other proposed new development to be erected on a lot of 0.5 acre or less in area, contiguous to and surrounded by lots with existing structures constructed below the base flood elevation;
(2) Repair or rehabilitation of historic structures upon a determination that the proposed reconstruction 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;
(3) Improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications, which have been identified by a code enforcement official and which are the minimum necessary to assure safe living conditions;
(4) New construction or substantial improvement of structures, and other proposed new development necessary for the conduct of a functionally dependent use; and
(5) New construction or substantial improvement of public beach park facilities.
(c) The application shall be submitted to the director and signed and stamped by a licensed architect and engineer, and shall include three sets of documents with the following information as may be applicable:
(1) Plans and specifications showing the site and location; dimensions of all property lines and topographic survey of the zoning lot; existing and proposed structures and improvements, fill, and storage areas; location and elevations of existing and proposed streets and utilities; floodproofing measures; relationship of the site to the location of the flood boundary; and the existing and proposed flood control measures and improvements;
(2) Cross-sections and profiles of the area and the base flood elevations and profile referenced to the national geodetic vertical datum (NGVD) of 1929;
(3) Flood study and drainage report data;
(4) Description of surrounding properties and existing structures and uses, and the effect the variance may have on them and the base flood;
(5) Justification and reasons for the variance in relationship to the intent and provisions of this section, with information as may be applicable on the following:
(A) The danger to life and property, including surrounding properties due to increased flood elevations or velocities caused by the variance;
(B) The danger that materials may be swept onto other lands or downstream to the injury of others;
(C) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
(D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
(E) The importance of the services provided by the proposed facility to the community;
(F) The availability of alternative locations not subject to flooding for the proposed use;
(G) The compatibility of the proposed use with existing and anticipated development;
(H) The relationship of the proposed use to the floodplain management program for the area;
(I) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(J) The expected elevations and velocity of the base flood at the site due to the variance;
(K) That failure to grant the variance would result in exceptional hardship to the applicant; and
(L) That the variance will not result in increased base flood elevations, additional threat to surrounding properties and to public safety, extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with other laws or regulations.
(6) A restrictive covenant which shall be inserted in the deeds and other conveyance documents of the property and recorded or filed with the bureau of conveyances or the land court of the State of Hawaii, or both, as appropriate, providing that a flood variance has been granted to a property located in a special flood hazard area that is subject to flooding and flood damage, that a variance for a structure with its lowest floor below the base flood elevation increases risks to life and property, and that the property owners shall not file any lawsuit, action, or claim against the city for costs or damages, and shall indemnify and save harmless the city from any liability when such loss, damage, injury, or death results due to the flood variance and the flooding of the property. Upon approval of the flood variance, such covenant shall be fully executed and recorded. Proof of recordation shall be submitted to the director before issuance of any building permits; and
(7) Such other factors which are relevant to the purposes of this section.
(d) The director in reviewing the variance may consult with other city, State, and federal agencies for their comments and recommendations. A flood variance may be granted only upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional hardship to the applicant;
(3) Determination that the granting of a variance will not result in increased flood elevations, additional threat to public safety, extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with other laws or regulations; and
(4) Determination that a variance granted within a floodway area would not result in any increase of the base flood elevation.
(e) The director may approve, approve with conditions, or deny the variance. Such conditions may include but not be limited to:
(1) Modification of the project, including the sewer and water supply facilities;
(2) Limitations on periods of use and operation;
(3) Imposition of operational controls, sureties, and deed restrictions;
(4) Requirements for construction of channels, dikes, levees, and other flood protective measures;
(5) Floodproofing measures designed consistent with the base flood elevation, flood velocities, hydrostatic and hydrodynamic forces, and other factors associated with the base flood; and
(6) Other conditions as may be deemed necessary by the director to further the purposes of this chapter.
(1990 Code, Ch. 21A, Art. 1, § 21A-1.12) (Added by Ord. 14-9)