Town of Henlopen Acres, DE Variances

arrow_back

arrow_forward

The Town of Henlopen Acres' Board of Adjustment shall have the power to authorize, in specific cases, such variances from the requirements of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

Application for a variance.

(1)

Any owner, or agent thereof, of property for which a variance is sought shall submit an application for a variance to the Floodplain Administrator.

(2)

At a minimum, such application shall contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request. Each variance application shall specifically address each of the considerations in § 71-33B and the limitations and conditions of § 71-33C.

Considerations for variances. In considering variance applications, the Board of Adjustment shall consider and make findings of fact on all evaluations, all relevant factors, requirements specified in other sections of these regulations, and the following factors:

(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 development and its contents (if applicable) to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed development to the community.

(5)

The availability of alternative locations for the proposed use which are not subject to, or are subject to less, flooding or erosion damage.

(6)

The necessity to the facility of a waterfront location, where applicable, or if the facility is a functionally dependent use.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the comprehensive plan for that area.

(9)

The safety of 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 and the effects of wave action, if applicable, expected at the site.

(11)

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, and streets and bridges.

Limitations for variances.

(1)

An affirmative decision on a variance request shall only be issued upon:

(a)

A showing of good and sufficient cause. A "good and sufficient" cause is one that deals solely with the physical characteristics of the property and cannot be based on the character of the planned construction or substantial improvement, the personal characteristics of the owner or inhabitants, or local provisions that regulate standards other than health and public safety standards.

(b)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property.

(c)

Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

(d)

A determination that the granting of a variance for development within any designated floodway, or special flood hazard area with base flood elevations but no floodway, will not result in increased flood heights beyond that which is allowed in these regulations.

(e)

A determination that the granting of a variance will not result in additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

(f)

A determination that the structure or other development is protected by methods to minimize flood damages.

(g)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Upon consideration of the individual circumstances, the limitations and conditions, and the purposes of these regulations, the Board of Adjustment may attach such conditions to variances as it deems necessary to further the purposes of these regulations.

(3)

The Board of Adjustment shall notify, in writing, any applicant to whom a variance is granted for a building or structure with a lowest floor elevation below the base flood elevation that the variance is to the floodplain management requirements of these regulations only, and that the cost of federal flood insurance will be commensurate with the increased risk.