(a) The
variance criteria set forth in this division are based on the general
principle of zoning law that variances pertain to a piece of property
and are not personal in nature. A variance may be granted for a parcel
of property with physical characteristics so unusual that complying
with the requirements of this article would create an exceptional
hardship to the applicant or the surrounding property owners. The
characteristics must be unique to the property and not be shared by
adjacent parcels. The unique characteristic must pertain to the land
itself, not to the structure, its inhabitants, or the property owners.
(b) It
is the duty of the city to help protect its citizens from flooding.
This need is so compelling and the implications of the cost of insuring
a structure built below flood level is so serious that variances from
the flood elevation or from other requirements in this article are
quite rare.
(c) Note:
The long-term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this article are more detailed and
contain multiple provisions that must be met before a variance can
be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.340)
(a) In
responding to requests for variances, the board of adjustment of the
city shall consider all technical evaluations, all relevant factors,
and standards specified in other sections of this article, and:
(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 facility and its contents to flood
damage and the effect of such damage on the existing individual owner
and future owners of the property;
(4) The importance of the services provided by the proposed facility
to the community;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations for the proposed use which
are not subject to flooding or erosion damage;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
(9) The safety of access to the property in time of flood for ordinary
and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site; and
(11) The costs of providing governmental services during and after flood
conditions, including rescue services, maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and maintenance and repair of streets and bridges.
(b) Any
applicant to whom a variance is granted shall be given written notice
over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base
flood level may result in increased premium rates for flood insurance;
and
(2) Such construction below the base flood level increases risks to life
and property.
It is recommended that a copy of the notice shall be recorded
by the floodplain administrator in the office of the county clerk
and the county appraisal district and shall be recorded in a manner
so that it appears in the chain of title of the affected parcel of
land.
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(c) The
floodplain administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its biennial report submitted to the Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.341; Ordinance adopting 2019 Code)
(a) Generally,
variances may be issued for new construction, substantial improvement,
and other proposed new development to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing that
the procedures of this article have been fully considered. As the
lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
(b) Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in section
3.05.005 of this article) 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.
(c) Variances
shall not be granted within any special flood hazard area if any increase
in flood levels during the base flood discharge would result.
(d) Variances
shall only be issued upon a determination that the variance is the
“minimum necessary” considering the flood hazard, to afford
relief; “minimum necessary” means to afford relief with
a minimum of deviation from the requirements of this article. For
example, in the case of variances to an elevation requirement, this
means the city council need not grant permission for the applicant
to build at grade, or even to whatever elevation the applicant proposes,
but only to that elevation which the city council determines will
both provide relief and preserve the integrity of the local ordinance.
(e) Variances
shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional “hardship” (as defined in section
3.05.005 of this article) to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safely, or extraordinary public expense, create a nuisance (as defined in section
3.05.005, see “public safety or nuisance”), cause fraud or victimization (as defined in section
3.05.005) of the public, or conflict with existing local laws or ordinances.
(f) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections
(a) through
(e) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(g) Upon consideration of the factors of section
3.05.092(a) and the purposes of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(Ordinance 966 adopted 10/20/04; 2004 Code, sec. 3.342)