(A) A variance from the provisions of this chapter shall not be granted unless the variance is consistent with the purpose of this chapter (§ 164.002) and meets the following standards based upon substantial evidence submitted at the hearing.
(1) The variance will not increase measurably the probability of flood damage to insurable structures.
(2) The variance requested is the minimum required considering each of the following statements of underlying intent of this chapter and there are no means other than the requested variance by which the alleged hardships can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development.
(a) Detention of stormwater shall also contribute to the improvement of the quality of stormwater runoff.
(b) The volume of detention storage provided in open air vegetated facilities is maximized consistent with other land use site constraints including zoning requirements essential for the proposed development.
(c) Conveyance of stormwater from the project shall not increase peak discharges from existing off-site conveyance facilities beyond design capacity for any storm event from the two-year to the 100-year flood frequency.
(d) High quality natural areas shall be preserved on the site, including, but not limited to, wetlands, woodlands, natural floodplain storage and other valuable environmental and biological resources, as determined by the Chief Subdivision Engineer.
(e) The variance is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site.
(f) The variance is not requested solely as a result of economic hardship.
(g) If applicable, the variance is required due to unique, natural topographical features of the site.
(h) The applicant’s circumstances are not self-imposed.
(B) No variance shall be granted for any development in the regulatory floodway, the effect of which would be to create regulation less restrictive than the federal or state minimum standards applicable to development in those areas.
(C) When a variance would lessen the degree of flood surface runoff protection to any structure, the Chief Subdivision Engineer shall notify the applicant that the variance, if granted, may result in increased rates for flood insurance.
(Ord. 10-164, passed 6-17-2010)