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(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)
(A) The Chief Subdivision Engineer or his or her designee shall review the application for a variance and present his or her written recommendations to the Land Use and Development Committee at the public hearing.
(B) Not more than 45 days after the close of the hearing, the Planning and Zoning Commission shall forward its written recommendations to the Land Use and Development Committee or its successor. The written recommendations of the Planning and Zoning Commission , when forwarded, shall be accompanied by written findings of fact with respect to each of the considerations set forth in § 164.144 with citations to the evidence taken at the public hearing.
(Ord. 10-164, passed 6-17-2010)
The County Board shall grant the variation, grant the variation with modifications or conditions or deny the variation in writing within 45 days after receipt of the written request for variance, but in the event the County Board does not act as aforesaid then the application is denied.
(Ord. 10-164, passed 6-17-2010)
(A) A variance less than or different from that requested may be granted when the record supports the applicant’s right to some relief, but not to the relief requested.
(B) In granting a variance, the County Board may impose specific conditions and limitations concerning any matter relating to the purposes and objectives of this chapter on the applicant as may be necessary or appropriate.
(C) Whenever any variance is granted subject to any condition or limitation to be met by the applicant, upon meeting those conditions, the applicant shall file evidence to that effect with the Chief Subdivision Engineer.
(Ord. 10-164, passed 6-17-2010)
No building or structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, nor shall any excavation or grading commence without a building permit, site development permit or other appropriate permit. No building permit, and no other permit pertaining to other use of land, buildings or structures, shall be issued by employees of the county unless the proposed use thereof complies with all the provisions of this chapter, nor shall any permit be issued unless the application for the permit has certification thereon under oath by the Chief Subdivision Engineer that the proposed use is in compliance with the provisions of this chapter. Any permit issued in conflict with the provisions of this chapter shall be void.
(Ord. 10-164, passed 6-17-2010)
No order of the County Board granting a variation shall be valid for a period longer than one year from the date of the order unless a building permit or site development permit is obtained within the period and the erection or alteration of a building, any excavation or grading, is started or the use is commenced within the period. The Board may grant an extension of this period, valid for no more than 180 additional days, upon written application and good cause shown, without notice or hearing. The Board may grant one additional extension of this period, valid for no more than 180 additional days, upon written application within the initial extension and upon good cause shown without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, the variation shall, to the extent of the abandonment or non-utilization, become invalid after a public hearing as provided for herein.
(Ord. 10-164, passed 6-17-2010)
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