(A) 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 chapter 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.
(B) It is the duty of the city to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is 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 chapter 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.
(1) The Hopkinsville-Christian County Planning Commission as established by City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The Hopkinsville-Christian County Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Flood Safety Officer in the enforcement or administration of this chapter.
(3) Any person aggrieved by the decision of the Flood Safety Officer or any taxpayer may appeal the decision to the County Circuit Court, as provided by law.
(4) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for divisions (B)(8)(a) and (d) below, and provided that the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.
(5) In passing upon such applications, the Hopkinsville-Christian County Planning Commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands 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 contents to flood damage and the effect of the damage on the individual owner.
(d) The importance of the services provided by the proposed facility to the community.
(e) The necessity of the facility of a waterfront location, in the case of a functionally-dependent facility.
(f) The availability of alternative locations, not subject to flooding or erosion damage, 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 comprehensive plan and 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 flood waters and the effects of wave action, if applicable, expected at the site.
(k) The cost 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.
(6) Upon consideration of the factors listed above and the purposes of this chapter, the Hopkinsville-Christian County Planning Commission may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(8) The conditions for variances shall be as follows:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that a variance is the minimum necessary so as not to destroy the historic character and design of the building.
(b) Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship, and a determination that the granting of a variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance (as defined in § 151.10 under public safety and nuisance), cause fraud on or victimization of the public (as defined in § 151.10), or conflict with existing local laws or ordinances.
(c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(d) The Flood Safety Officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(Ord. 16-2008, passed 8-5-2008)