A.
Variances shall be issued only upon:
B.
While the granting of variances generally is limited to a lot size
less than 1/2 acre, deviations from that limitation may occur. However,
as the lot size increases beyond 1/2 acre, the technical justification
required for issuing a variance increases. Variances may be issued
by the Board of Zoning Appeals for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size contiguous
to and surrounded by lots with existing structures constructed below
the base flood level, in conformance with the provisions of this section.
C.
Variances may be issued for new construction and substantial improvements
and for other development necessary for the conduct of a functionally
dependent use, provided that the criteria of this section are met
and the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
D.
In passing upon applications for variances, the Board of Zoning Appeals
shall satisfy all relevant factors and procedures specified in other
sections of the Zoning Ordinance[1] and consider the following additional factors:
(1)
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for
any proposed use, development, or activity within any floodway that
will cause any increase in the one-hundred-year flood elevation.
(2)
The danger that materials may be swept on to other lands or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the
property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(12)
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 an historic structure and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
(13)
Such other factors which are relevant to the purposes of this
chapter.
E.
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities and
the adequacy of the plans for flood protection and other related matters.
F.
Variances shall be issued only after the Board of Zoning Appeals
has determined that:
(1)
The granting of such will not result in unacceptable or prohibited
increases in flood heights, additional threats to public safety or
extraordinary public expense and will not create nuisances, cause
fraud or victimization of the public, or conflict with local laws
or ordinances.
(2)
The variance will be the minimum required to provide relief.
H.
A record shall be maintained of the above notification as well as
all variance actions, including justification for the issuance of
the variances. Any variances which are issued shall be noted in the
annual or biennial report submitted to the Federal Emergency Management
Agency.
