APPENDIX E – FLOODPLAIN MANAGEMENTAPPENDIX E – FLOODPLAIN MANAGEMENT\18-112. Variances.

The board of zoning appeals shall hear and decide all variances from the requirements of this section and shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city superintendent in the enforcement or administration of this article, the zoning regulations contain the procedure for filing an application for a variance.

(A)  Standards. In addition to all other standards contained in this article or the zoning regulations, the board of zoning appeals shall consider the following factors in the granting of such standards.

(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 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 necessity to the facility of a waterfront location, where applicable.

(6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(7)   The compatibility of the proposed use with existing and anticipated development.

(8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(9)   The safety of access to the property in times of flood for ordinance and emergency vehicles.

(10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 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.

(B)  Conditions. Generally, variances may be issued by the board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the following items have been fully considered. As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

(1)   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(2)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)   Variances shall only be issued upon

(i)    a showing of good and sufficient cause,

(ii)   a determination that failure to grant the variance would result in exceptional hardship to the applicant, and

(iii)  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.

(5)   Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.