The Board of Zoning Appeals shall hear and decide requests for variances. The Board of Zoning Appeals shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 135-12.4, the conditions of issuance set forth in § 135-12.5, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Building Official. The Board of Zoning Appeals has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations, Section R322 of the Residential Code, and Section 1612 of the Building Code.
A variance is authorized to be issued for the repair or rehabilitation of an historic structure upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, the historic structure is eligible for the exception in the section in Chapter 12 of the Existing Building Code applicable to historic structures in flood hazard areas, and the variance is the minimum necessary to preserve the historic character and design of the structure.
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
A.
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the 1% chance flood elevation.
B.
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
C.
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
D.
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
E.
The importance of the services provided by the proposed development to the community.
F.
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
G.
The compatibility of the proposed development with existing and anticipated development.
H.
The relationship of the proposed development to the Comprehensive Plan and floodplain management program for that area.
I.
The safety of access to the property in times of flood for ordinary or emergency vehicles.
J.
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater.
K.
The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted 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.
L.
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 only be issued 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 these regulations or render the elevation standards of the Building Code inappropriate.
B.
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
C.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
D.
A determination that the variance is the minimum necessary, considering the hazard, to afford relief.
E.
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
A record shall be maintained of the above notification, as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.