A. Application For Variance: A variance from the terms of this chapter shall not be considered until a written application for a variance containing the data required by section 1-14-2 of this Code and a narrative statement, demonstrating the requested variance has mitigated items contained in subsection B of this section, is filed with the zoning official for submission to the City Planning and Zoning Commission and the City Council. (Ord. 594, 8-16-2017; amd. Ord. 609, 7-3-2018)
B. Procedure For Approval Of Variance:
1. Upon receipt of a complete variance application from the Zoning Administrator, the City Planning and Zoning Commission and the City Council shall follow the notice and hearing procedures outlined in section 1-14-2 of this Code.
2. The City Planning and Zoning Commission may recommend to the City Council that the City Council approve, disapprove, or approve conditionally a requested variance. After receipt of the commission's recommendation and compliance with section 1-14-2 of this Code, the City Council may approve, disapprove or approve conditionally, by attaching such conditions to the granting of a variance as is deemed necessary to further the purposes of this chapter, a requested variance. In making a decision, the City Planning and Zoning Commission and the City Council shall consider all technical evaluations and all relevant factors and standards specified in other sections of this chapter and:
a. The danger that materials may be swept onto other land 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 content to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to flooding and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the 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 floodwaters and the effects of wave action, if applicable, expected at the site; and
k. 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 roads and bridges.
C. Standards And Conditions Of Variance:
1. Generally, variances may be issued 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, providing the items contained in subsection 1-15-10B of this Code have been fully considered. As the lot size increases beyond the one-half (1/2) acre size, the technical justification required for issuing the variance increases.
2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. Variances may be issued if not expanding the footprint 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.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood 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 variances would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood hazard, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in items contained in subsection B of this section, or conflict with existing local laws or ordinances.
6. 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. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
7. 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 the general standards.
8. Any applicant to whom a variance is granted shall be given written notice that 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. Records And Reports: The Zoning Administrator shall maintain the records of all variances and report any variances to the United States Department of Housing and Urban Development, Federal Insurance Administration upon request. (Ord. 531, 4-2-2014; amd. Ord. 609, 7-3-2018)