A.
The Mayor and Common Council shall have the power to consider and
authorize or deny variances from the strict application of the requirements
of these regulations. A variance shall be approved only if it is determined
to not be contrary to the public interest and where, owing to special
conditions of the lot or parcel, by a literal enforcement of the provisions
of these regulations, an unnecessary hardship would result.
B.
Upon consideration of the purposes of these regulations, the individual
circumstances, and the considerations and limitations of this article,
the Mayor and Common Council may attach such conditions to variances
as it deems necessary to further the purposes of these regulations.
C.
The Mayor and Common Council shall notify, in writing, any applicant
to whom a variance is granted to construct or substantially improve
a building or structure with its lowest floor below the elevation
required by these regulations that the variance is to the floodplain
management requirements of these regulations only and that the cost
of federal flood insurance will be commensurate with the increased
risk, with rates up to $25 per $100 of insurance coverage.
A.
The owner of property, or the owner's authorized agent, for
which a variance is sought shall submit an application for a variance
to the Floodplain Administrator.
B.
At a minimum, the application shall contain the following information: the name, address, and telephone number of the applicant and property owner; a legal description of the property; a parcel map; a description of the existing use; a description of the proposed use; a site map showing the location of flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood-protection setbacks; a description of the variance sought; and the reason for the variance request. Variance applications shall specifically address each of the considerations in § 83-38.
C.
If the application is for a variance to allow the lowest floor of
a building or structure below the applicable minimum elevation required
by these regulations, the application shall include a statement signed
by the owner that, if granted, the conditions of the variance shall
be recorded on the deed of the property.
A.
The Floodplain Administrator shall request comments on variance applications
from MDE (NFIP State Coordinator) and shall provide such comments
to the Mayor and Common Council.
B.
In considering variance applications, the Mayor and Common Council
shall consider and make findings of fact on all evaluations, all relevant
factors, requirements specified in other sections of these regulations,
and the following factors:
(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 the proposed development and its contents (if
applicable) to flood damage and the effect of such damage on the individual
owner.
(4)
The importance of the services to the City provided by the proposed
development.
(5)
The availability of alternative locations for the proposed use which
are not subject to, or are subject to less, flooding or erosion damage.
(6)
The necessity to the facility of a waterfront location, where applicable,
or if the facility is a functionally dependent 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
hazard mitigation plan for that area.
(9)
The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(11)
The costs of providing government 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.
(12)
The comments provided by MDE (NFIP State Coordinator).
The Mayor and Common Council shall make an affirmative decision
on a variance request only upon:
A.
A showing of good and sufficient cause. Good and sufficient cause
deals solely with the physical characteristics of the property and
cannot be based on the character of the improvement, the personal
characteristics of the owner/inhabitants, or local provision that
regulate standards other than health and public safety.
B.
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the property.
Increased cost or inconvenience of meeting the requirements of these
regulations does not constitute an exceptional hardship to the applicant.
C.
A determination that the granting of a variance for development within
any designated floodway, or flood hazard area with base flood elevations
but no designated floodway, will not result in increased flood heights
beyond those which are allowed in these regulations.
D.
A determination that the granting of a variance will not result in
additional threats to public safety; create extraordinary public expense,
nuisances, fraud or victimization of the public, or conflict with
existing local laws.
E.
A determination that the building, structure or other development
is protected by methods to minimize flood damages.
F.
A determination that the variance is the minimum necessary to afford
relief, considering the flood hazard.
