A. The local administrator is empowered to issue a variance only for purposes consistent with the objectives of FEMA's floodplain management regulations. A variance could affect flood insurance rates and may result in flood insurance premium rates on structures that are beyond the means of the person receiving the variance. FEMA requires the city to make an annual report on any variance that is granted, and if FEMA determines that such variance is inconsistent with the objectives of sound floodplain management, FEMA may take action to suspend the city from the NFIP.
B. The local administrator may only grant a variance from the terms of one or more requirements in this article based on written findings that:
1. The variance is authorized under the provisions of Subchapter B, Title 44, Code of Federal Regulations (CFR), Section 60.6, as amended; and
2. The variance will not adversely affect the public health, safety or welfare; and
3. Consistent with the general principle of zoning law that variances pertain to a piece of property and are not personal in nature, the variance is justified based on unique physical characteristics of the property subject to the variance which are so unusual that complying with the requirements of this article would create an exceptional hardship to the applicant or the surrounding property owners, and such unique characteristics pertain to the land itself, not to the structure, its inhabitants, nor the property owners.
C. Subject to the requirements of subsection B, a variance may be issued for new construction, substantial improvement, and other proposed new development necessary to conduct a functionally dependent use, provided that the structure or other development is protected by methods that minimize flood damage during the base flood, does not result in additional threats to public safety, and does not create a public nuisance.
D. The local administrator's decision not to grant a variance shall be final and conclusive and shall not be subject to appeal under the provisions of section 15.104.080. (Ord. 2017-0038 § 4; Ord. 2011-046 § 2; prior code § 9.26.1006)