The variance criteria set forth in this section 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 of Sultan to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below the base flood elevation 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.
A. Variances shall only be issued upon a written finding indicating that all of the following standards, criteria, and conditions are met:
1. General Variance Criteria.
a. The requested variance upon a determination that the variance is the minimum necessary considering the flood hazard to afford relief;
b. In the case of an historic building, a determination must be made that the proposed repair or rehabilitation will not preclude the structure's continued designation as a "historic structure" and the variance is the minimum necessary so as not to destroy the historic character, design, and designation of the building;
c. A showing of good and sufficient cause;
d. Failure to grant the variance would result in exceptional hardship to the applicant; and
e. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing laws.
2. Variance Criteria for New Construction. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.
3. Variance Criteria for Historic Structures. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places without regard to procedures set forth in the remainder of this section, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.
4. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that (a) the criteria of subsections (A)(1) through (A)(3) of this section are met, and (b) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
B. Conditions to Be Considered in Application of Variance Criteria.
1. The danger that materials may be swept into 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 individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of waterfront location, where applicable;
6. The compatibility of the proposed use with existing and anticipated development;
7. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
8. The relationship of the proposed use to the comprehensive plan to that area;
9. The safety of the access to the property in times 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 cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electrical, water system, and bridges.
C. Upon consideration of, but not limited to, the factors listed above, conditions may be attached to the granting of variances as is necessary to further the purposes of these standards.
D. Variances shall not be issued within any designated floodway, if any increase in flood levels during the base flood discharge would result.
E. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and that such construction below the base flood elevation increases risks to life and property.
F. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance, and report any variances to the Federal Insurance Administrator upon request.
(Ord. 808-03; Ord. 1019-09 § 1; Ord. 1265-17 § 1 (Exh. A); Ord. 1337-20 § 1 (Exh. A); Ord. 1371-22 § 1 (Exh. A))