The Town of Middletown's Board of Adjustment shall have
the power to authorize, in specific cases, such variances from the
requirements of these regulations, not inconsistent with federal regulations,
as will not be contrary to the public interest where, owing to special
conditions of the lot or parcel, a literal enforcement of the provisions
of these regulations would result in unnecessary hardship.
A. Application for variance.
(1) Any owner, or agent thereof, of property for which a variance is
sought shall submit an application for a variance to the Floodplain
Administrator.
(2) At a minimum, such application shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in §
78-31B and the limitations and conditions of §
78-31C.
B. Considerations for variances. In considering variance applications,
the Town of Middletown Board of Adjustment 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 provided by the proposed development
to the community.
(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 for
that area.
(9) The safety of access to the property in times of flood for ordinary
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 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.
C. Limitations for variances.
(1) An affirmative decision on a variance request shall only be issued
upon:
(a)
A showing of good and sufficient cause. A "good and sufficient"
cause is one that deals solely with the physical characteristics of
the property and cannot be based on the character of the planned construction
or substantial improvement, the personal characteristics of the owner
or inhabitants, or local provisions that regulate standards other
than health and public safety standards.
(b)
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
property.
(c)
A determination that increased cost or inconvenience of meeting
the requirements of these regulations does not constitute an exceptional
hardship to the applicant.
(d)
A determination that the granting of a variance for development
within any designated floodway, or special flood hazard area with
base flood elevations but no floodway, will not result in increased
flood heights beyond that which are allowed in these regulations.
(e)
A determination that the granting of a variance will not result
in additional threats to public safety, extraordinary public expense,
nuisances, or fraud on or victimization of the public, or conflict
with existing local laws.
(f)
A determination that the structure or other development is protected
by methods to minimize flood damages.
(g)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(2) Upon consideration of the individual circumstances, the limitations
and conditions, and the purposes of these regulations, the Town of
Middletown Board of Adjustment may attach such conditions to variances
as it deems necessary to further the purposes of these regulations.
(3) The Town of Middletown Board of Adjustment shall notify, in writing,
any applicant to whom a variance is granted for a building or structure
with a lowest floor elevation below the base flood elevation 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.