A variance from the minimum development standards of these regulations may be allowed. An approved variance would permit construction in a manner otherwise as required or prohibited by these regulations.
A. General:
1. There is hereby created a local floodplain management board of adjustment, the membership, administration, and rules of procedure of which are the community development board.
2. The board will:
a. Evaluate the floodplain development permit application and variance application using the criteria in this section, and the application requirements and minimum development standards of this title.
b. Make findings, and approve, conditionally approve, or deny a floodplain development permit and variance within sixty (60) days of a complete application.
c. Upon consideration of the factors noted in this section and the intent of this title, the board may attach such conditions to the granting of a variance as it deems necessary to further the purpose and objectives of this title, including a project completion date and inspections during and after construction.
d. Notify the applicant that the issuance of a floodplain development permit and variance to construct a structure not meeting the minimum building requirements in these regulations may result in increased premium rates for flood insurance and that flood insurance premiums are determined by actuarial risk and will not be modified by the granting of a variance.
e. Submit to the floodplain administrator a record of all actions involving a floodplain development permit and variance, including the findings and decision and send a copy of each variance granted to the DNRC.
3. Any person or persons aggrieved by the decision of the board of adjustment may appeal such decision in a court of competent jurisdiction.
B. Variance Application Requirements:
1. Prior to any consideration of a variance from any development standard in these regulations, a completed floodplain development permit application and required supporting material must be submitted.
2. Additionally, supporting materials in a variance application specific to the variance request including facts and information addressing the criteria in this section must be submitted.
3. If the floodplain development permit application and variance application is deemed not correct and complete, the floodplain administrator must notify the applicant of deficiencies within a reasonable time not to exceed thirty (30) days. Under no circumstances should it be assumed that the variance is automatically granted.
C. Evaluation Of Variance Application:
1. A floodplain development permit and variance will only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief from these regulations.
2. Public notice of the floodplain development permit and variance application must be given pursuant to subsection 14-4-5F of this chapter.
3. Variances will only be issued upon:
a. Showing a good and sufficient cause. Financial hardship is not a good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. Residential and nonresidential buildings are not in the floodway except for alterations or substantial improvement to existing buildings. Residential dwellings including basement and attached garages do not have the lowest floor elevation below the base flood elevation;
d. Any enclosure including a crawl space must meet the requirements of subsection 14-7-2D, "Wet Floodproofing", of this title if the enclosure interior grade is at or below the base flood elevation;
e. 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 local laws or ordinances;
f. The proposed use is adequately floodproofed;
g. The variance is the minimum necessary, considering the flood hazard, to afford relief;
h. Reasonable alternative locations outside the designated floodplain are not available;
i. An encroachment does not cause an increase to the base flood elevation that is beyond that allowed in these regulations or an increase in velocities during the base flood discharge within any designated floodway; and
j. All other criteria for a floodplain development permit besides the specific development standard requested by the variance are met.
4. An exception to the variance criteria in this section may be allowed as follows:
a. 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 that is outside the floodway and is contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 14-4-5G of this chapter have been fully considered;
b. 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. The historic nature of the building must be designated as a preliminary or historic structure by U.S. secretary of interior or an approved state or local government historic preservation program.
(Ord. 15-16, 10-5-2015; amd. Ord. 23-27, 11-20-2023)