A. Application For Variance: A variance from the terms of this chapter shall not be considered until a written application for a variance containing the information required for a flood hazard development permit and the information in subsection 15.08.040B of this chapter is filed with the administrator for submission to the city council. In judging and acting upon variance applications, the city council, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The potential danger, that materials may be swept onto other lands possibly resulting in the injury of others;
2. The potential danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed development and its contents, if any, to flood damage and the effect of such damage on the individual owner;
4. The importance of the services and benefits of proposed commercial and residential developments to the community;
5. The necessity that certain types of facilities have a waterfront location (e.g., marinas);
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated land use or development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action and floating debris, if applicable, expected at the site based on the best available information; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
Upon receipt of a complete variance application from the administrator, the city council shall conduct a public hearing on the application and shall notify in writing all adjoining property owners of the property in question at least fifteen (15) days prior to the hearing. The city council shall act upon all applications for a variance within a reasonable time following the public hearing, considering the complexity of the justification. In no event shall the council be required to act prior to the thirtieth day following the completion of the hearing. However, the council may act within the thirty (30) day period at its discretion.
B. Conditions For Variances: Upon consideration of the factors of subsection A of this section and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
The administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the federal insurance administration upon request.
The following conditions shall apply:
1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
2. Variances may be considered 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.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall not be issued because of mere economic or financial hardship alone, or because of inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval or preference of neighbors.
5. Variances shall not be issued to avoid a more expensive development alternative, or simply to avoid building in a nonpreferred location on a parcel, or solely to avoid utilization of a parcel in a manner different from that originally intended.
6. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, while maintaining the goals and objectives of the ordinance and minimum standards for participation in the national flood insurance program.
7. 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.
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 on or victimization of the public, or conflict with existing state, federal, and local laws or ordinances.
8. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, and otherwise complies with all provisions of subsections 15.08.050A2, A4 and A5 of this chapter.
9. The decision to either grant or deny a variance shall be provided to the applicant in writing and shall set forth the reasons for approval or denial. Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. (Ord. 182, 5-13-2010)