§ 153.38  VARIANCE PROCEDURE.
   The City of Waterbury Zoning Board of Appeals, as established by Conn. Gen. Stat. Chapter 98 shall hear and decide appeals and requests for variances from requirements of this chapter.
   (A)   The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Official in the enforcement or administration of this chapter.
   (B)   A Class A-2 Survey Map made by a Connecticut registered land surveyor shall be required for any variance.
   (C)   The Board, in passing upon the applications, shall consider all technical evaluations prepared by a registered professional engineer, all relevant factors, all standards specified in other sections of this chapter, and:
      (1)   The danger that materials may be swept onto other lands to the injury of others;
      (2)   The danger to life and property due to flooding or erosion damage;
      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      (4)   The importance of the services provided by the proposed facility to the community;
      (5)   The availability of alternative locations, not subject to flooding erosion damage for the proposed purpose;
      (6)   The compatibility of the proposed use with existing and anticipated development;
      (7)   The relationship of the proposed use to the Comprehensive Plan for the City of Waterbury and its flood plain management program;
      (8)   The safety of access to the property in times of flood for ordinary emergency vehicles;
      (9)   The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
      (10)   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.
   (D)   Before granting a variance, the Board must make a written finding in its minutes as part of the record in the case that all of the following conditions exist:
      (1)   Good and sufficient cause;
      (2)   A determination that failure to grant a variance would result in exceptional difficulty or unusual hardship to the owners of the property from strict enforcement of the regulations;
      (3)   If the owner complied with the provisions of this chapter, he would not be able to make reasonable use of his property;
      (4)   The hardship was not a result of the applicant’s own actions;
      (5)   The hardship is not merely financial or pecuniary; and
      (6)   A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud or victimization of the public, conflict with existing local laws or ordinances or impair the intent, purpose or integrity of this chapter and of the comprehensive plan of the city.
   (E)   Variances shall only be issued upon a determination that the variance is the minimum necessary; considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary as not to destroy the historic character and design of the building.
   (F)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. In some cases, the variance may result in increased premium rates that could go as high as $25 per $100 of insurance coverage.
   (G)   The Board shall maintain records of all appeal actions and report any variances to the Federal Emergency Management Agency.
   (H)   Any variance which is not executed within a period of six months shall become null and void, unless an extension of time is applied for and granted by the Board.
(Ord. passed 11-29-2010)