The issuance of a variance is for floodplain management purposes
only. Insurance premium rates are determined by statute according
to actuarial risk and will not be modified by the granting of a variance.
The variance criteria set forth in this article 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 chapter 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.
It is the duty of the City Council 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 are so serious
that variances from the flood elevation or from other requirements
in the flood ordinance are quite rare. 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
chapter 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.
(Ord. 2014-12)