(a) Exceptions. Exceptions to the provisions of this Chapter may be made if a variance is obtained, as provided in this section, based on special or unique circumstances associated with the property. The unique characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
(b) Review Authority. The Commission shall hear and decide requests for variances from the strict application of these regulations, based on technical justifications submitted by applicants, the considerations and conditions set forth in this section, and the comments of the Floodplain Administrator and Building Official, as applicable. The Commission has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.
(1) Restrictions in Floodways. A variance shall not be issued for any proposed development in a floodway when any increase in base flood levels would result.
(2) Historic Structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places upon a determination by the Director that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the exemption is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.
(3) Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the requirements of § 82.14.050 are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
(c) Procedure. Written application shall be submitted to the Department upon the forms provided by the Department for this purpose.
(1) Required Findings and Conditions. Variances shall only be issued upon:
(A) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
(B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
(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 or victimization of the public or conflict with existing laws or ordinances.
(D) The variance is the minimum necessary, considering the flood hazard, to afford relief and is consistent with the objectives of sound floodplain management.
(d) Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.
(e) Written Notification. Any applicant to whom a variance is granted shall be given written notice. Such notice shall include notice that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property. A Notice of Condition shall be recorded by the Floodplain Administrator in the Office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012; Am. Ord. 4469, passed - -2024)