12-1-9: VARIANCE PROCEDURE:
   A.   The South Weber City appeal authority is hereby designated to hear and decide whether to grant a variance upon request by an applicant.
   B.   The applicant shall have the right to a hearing before the South Weber City appeal authority on the question of whether or not the request for the variance fulfills the variance requirements of this chapter.
   C.   Those aggrieved by the decision of the South Weber City appeal authority may appeal such decision to the 2nd district court, Davis County, Utah, as provided by law.
   D.   The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator. The administrator shall report any variances to the federal emergency management agency upon request.
   E.   In passing upon applications for a variance, the appeal authority shall consider all technical evaluations, those specific factors established in subsection 12-1-7B, "Approval Or Denial", of this chapter, the intent and purpose of this chapter, and the following conditions:
      1.   Due to the dangers caused by flooding to human life and property and the costs and hardship caused thereby, only under limited circumstances may variances be granted in South Weber City. Variances shall only be issued upon:
         a.   A showing of good and sufficient cause;
         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to human life and public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      2.   In limited instances, 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 elevation, providing the factors of subsection 12-1-7B, "Approval Or Denial", of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
      3.   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued 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 chapter.
      4.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      5.   Variances shall only be issued when a determination has been made that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      6.   Variances issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use may only be granted provided the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
      7.   Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased risk to life and property and an increase in premium rates for flood insurance, which may be substantial and will be commensurate with the risk of construction below the base flood level. Insurance rates may amount up to as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage. This notice shall be maintained with a record of all variance actions as required in subsection D of this section.
      8.   All variances shall include a condition that the applicant sign an assumption of risk and waiver of liability agreement, in a form acceptable to the city, absolving South Weber City of any and all liability in the event flood damage occurs to that portion of a structure for which the variance is granted. This agreement shall be recorded in the office of the Davis County recorder, shall run with the land, and shall be binding upon all future owners thereof.
   F.   The South Weber City appeal authority may attach such conditions to the granting of variances as it deems necessary and which fulfill the criteria of the variance provisions of this chapter. (Ord. 13-04, 6-25-2013)