(A) Nature of variances.
(1) 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.
(2) It is the duty of the Town Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the regulatory flood elevation 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 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.
(B) Conditions for variances.
(1) Variances shall only be issued:
(a) Upon 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;
(b) For the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structures’ continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;
(c) Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(d) Upon a showing of good and sufficient cause;
(e) Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant;
(f) Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in § 153.05 of this chapter in the definition of “functionally dependent use”.
(2) Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
(3) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation; provided, the procedures of §§ 153.30 through 153.32 and 153.45 through 153.51 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(Ord. 18-09, passed 7-24-2018)