A. Variances for uses which do not satisfy the requirements of these regulations and the floodplain management act may be granted by the floodplain board pursuant to 82 Oklahoma Statutes section 1615.
B. Any person seeking a variance shall file a petition with the floodplain board accompanied by a filing fee of twenty five dollars ($25.00).
C. The petition shall contain all necessary facts regarding the variance request, including legal description of the area to be included within the variance, elevations and reasons why compliance with these regulations will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people.
D. Notice of public hearing on the petition shall be published in a newspaper of general circulation in the community at least thirty (30) days prior to the date of the hearing. The notice shall set forth the time and place of the hearing and information describing the petition and name and address of petitioner. The petitioner shall bear the cost of publication and shall be responsible for accuracy of the notice.
E. Variance shall not exceed a period of twenty (20) years. The copy of any variance shall be sent to the Oklahoma water resources board within fifteen (15) days.
F. Variances shall only be granted by the floodplain board or planning commission upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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 other existing local laws or resolutions.
G. Variances shall not be granted by the planning commission within any designated regulatory floodway if any increase in the 100-year flood elevation would result from such variance.
H. Variances may be granted by the floodplain board or planning commission for development and substantial improvements on a lot of one-half (1/2) acre or less which adjoins or is surrounded by lots having existing structures built below the 100-year flood elevation, provided that all provisions of these rules in this section are met.
I. The variance granted shall be the minimum that is necessary (considering the flood damage potential) to afford relief from a provision of this regulation.
J. When a variance allows for a structure to be built below the 100-year flood elevation, the floodplain board or planning commission shall notify the applicant in writing that premium rates for flood insurance will be higher and risks to life and property are increased and that applicant is responsible for any increased costs and risks. (1985 Code; amended 1987)