The City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of this chapter. Pursuant to F.S. § 553.73(5), the City Commission shall hear and decide on requests for appeals and requests for variances from the strict application of the flood-resistant construction requirements of the Florida Building Code, including Sections 1612 and R322. The procedure for requesting a variance set forth in § 130-46 of the City Code of Ordinances shall be followed; however, the criteria set forth in § 130-47 of the City Code shall not be applied; instead, the considerations and conditions set forth in §§ 108-45 and 108-46 shall be used.
The City Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this chapter. A second appeal may be filed to the City Commission in accordance with § 130-54 of the Code of Ordinances. Any person aggrieved by the decision of the City Commission may appeal such decision to the Circuit Court, as provided by Florida Statutes.
The City Commission shall make recommendations, and the City Commission, in considering a request for variance, shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in § 108-45 of this chapter, the conditions of issuance set forth in § 108-46 of this chapter, and the comments and recommendations of the Floodplain Administrator. The City Commission has the right to attach such conditions as it deems necessary to further the purposes and objectives of this chapter.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of an historic building that is determined eligible for the exception to the flood-resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12, Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as an historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as an historic building, a variance shall not be granted, and the building, and any repair, improvement, and rehabilitation, shall be subject to the requirements of the Florida Building Code.
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this chapter, provided the variance meets the requirements of § 108-43, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.
In reviewing requests for variances, the City Commission shall
consider all technical evaluations, all relevant factors, all other
applicable provisions of the Florida Building Code, this chapter,
and the following:
A.
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage;
B.
The danger to life and property due to flooding or erosion damage;
C.
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners;
D.
The importance of the services provided by the proposed development
to the community;
E.
The availability of alternate locations for the proposed development
that are subject to lower risk of flooding or erosion;
F.
The compatibility of the proposed development with existing and anticipated
development;
G.
The relationship of the proposed development to the comprehensive
plan and floodplain management program for the area;
H.
The safety of access to the property in times of flooding for ordinary
and emergency vehicles;
I.
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwaters and the effects of wave
action, if applicable, expected at the site; and
J.
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, streets
and bridges.
Variances shall be issued only upon:
A.
Submission by the applicant of a showing of good and sufficient cause
that the unique characteristics of the size, configuration, or topography
of the site limit compliance with any provision of this chapter or
the required elevation standards;
B.
Determination by the City Commission that:
(1)
Failure to grant the variance would result in exceptional hardship
due to the physical characteristics of the land that render the lot
undevelopable; increased costs to satisfy the requirements or inconvenience
do not constitute hardship;
(2)
The granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
nor create nuisances, cause fraud on or victimization of the public
or conflict with existing local laws and ordinances; and
(3)
The variance is the minimum necessary, considering the flood hazard,
to afford relief;
C.
Receipt of a signed statement by the applicant that the variance,
if granted, shall be recorded in the office of the Clerk of the Court
in such a manner that it appears in the chain of title of the affected
parcel of land; and
D.
If the request is for a variance to allow construction of the lowest
floor of a new building, or substantial improvement of a building,
below the required elevation, a copy in the record of a written notice
from the Floodplain Administrator to the applicant for the variance,
specifying the difference between the base flood elevation and the
proposed elevation of the lowest floor, stating that the cost of federal
flood insurance will be commensurate with the increased risk resulting
from the reduced floor elevation (up to amounts as high as $25 for
$100 of insurance coverage), and stating that construction below the
base flood elevation increases risks to life and property.
