The Mayor and Council shall have the power to consider and authorize or deny variances from the strict application of the requirements of this chapter. 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, an unnecessary hardship would result from a literal enforcement of the provisions of this chapter. Upon consideration of the purposes of this chapter, the individual circumstances, and the considerations and limitations of this section, the Mayor and Council may attach such conditions to variances as it deems necessary to further the purposes of this chapter. The Mayor and 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 this chapter that the variance is to the floodplain management requirements of this chapter 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 record of all variance actions, including justification for issuance, shall be maintained pursuant to §
117-12K of this chapter.
The Floodplain Administrator shall request comments on variance
applications from MDE (NFIP State Coordinator) and shall provide such
comments to the Mayor and Council. In considering variance applications,
the Mayor and Council shall consider and make findings of fact on
all evaluations, all relevant factors, requirements specified in other
sections of this chapter, and the following factors:
A. The danger that materials may be swept onto other lands to the injury
of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed development and its contents (if
applicable) to flood damage and the effect of such damage on the individual
owner.
D. The importance of the services to the community provided by the proposed
development.
E. The availability of alternative locations for the proposed use which
are not subject to, or are subject to less, flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable,
or if the facility is a functionally dependent use.
G. The compatibility of the proposed use with existing and anticipated
development.
H. The relationship of the proposed use to the comprehensive plan and
hazard mitigation plan for that area.
I. The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
J. 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.
K. 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.
L. The comments provided by MDE (NFIP State Coordinator).
The Mayor and 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 provisions 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 this
chapter 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 that which is allowed in this chapter.
D. A determination that the granting of a variance will not result in
additional threats to public safety; 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.