The hearing examiner shall hear and decide appeals and requests for variances from the requirements of this chapter.
A. Consideration Of Appeals And Variances: In passing upon such applications, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; 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 flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood 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 use that are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected height, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
11. 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.
B. Appeals:
1. The hearing examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.
2. Those aggrieved by the decision of the local administrator may appeal such decision to the hearing examiner as provided in section 11-2C-14 of this code.
C. Variances:
1. The hearing examiner shall have the authority to grant a variance from provisions of this chapter when conditions as set forth in this section have been found to exist; provided, that any variance granted shall be subject to conditions that will assure that adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with limitations upon other property in the vicinity and zone in which the subject property is situated. Variances shall be considered according to the procedures set forth in section 11-2D-1 of this code, except the required showings shall be as set forth in subsection C6 of this section.
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 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, provided items in subsection A of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
3. 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 this section.
4. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
5. Variances shall only be issued upon a determination a variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
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 local laws or ordinances.
7. Upon consideration of the factors of this section and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as the examiner deems necessary to further the purposes of this chapter.
8. 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; and they primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
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 except subsection C2 of this section, and otherwise complies with subsections 10-4-7A, C, and D of this chapter.
10. Any applicant to whom a variance is granted shall be given written notice the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
D. Procedure For Approval Of Variance:
1. Application: A request for a variance may be initiated by a property owner or his/her authorized agent by filing an application with the city on forms prescribed by the city. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and its relationship to the surrounding property, a survey including the property boundaries and topography, and a written narrative describing the relief that is requested and a statement of how the applicant believes the standards of this section are met. Each application shall be accompanied by a receipt indicating payment of fees, as established by the city council.
2. Notice Of Application: Notice of application shall be provided as set forth in section 11-2C-9 of this code.
3. Public Hearing: Before a request for a variance is acted upon, it shall be considered at a public hearing.
4. Notice Of Public Hearing: Notice of public hearing shall be provided as set forth in subsection 11-2C-11D of this code.
5. Recess Of Hearing: The hearing examiner may recess a hearing regarding a request for a variance in order to obtain additional information. Upon recessing for this purpose, the hearing examiner shall announce the time and date when the hearing will be resumed.
6. Final Action:
a. The hearing examiner shall cause written notification of his action to be mailed to the applicant for a variance within ten (10) days after the decision has been rendered.
b. The local administrator shall maintain the records of all actions and report any variances to the federal insurance administration upon request.
c. The applicant or any other aggrieved party with standing in the matter may appeal the decision of the hearing examiner to city council in accordance with the provisions of section 11-2C-14 of this code. (Ord. 847, 8-17-2009; amd. Ord. 1016, 6-5-2023)