§ 16-51. Procedures for variance.

(a)

Applicants must submit petitions for variances directly to the appeal board.

(b)

Variances may only be issued:

(1)

If showing a good and sufficient cause;

(2)

If granting of the variance will not result in any adverse impact upon other lands;

(3)

If granting of the variance will not result in any additional threats to public safety;

(4)

If granting of the variance will not result in extraordinary public expense;

(5)

If granting of the variance does not create a nuisance, cause fraud on or victimization of the public, or conflict with existing laws or ordinances;

(6)

If granting of the variance will not result in increased flood heights or an increase in expected flood velocities;

(7)

If the requested variance is the minimum necessary, considering the flood hazards, to afford the necessary relief; and

(8)

Upon determination that the requested variance is necessary to avoid an extraordinary hardship to the applicant.

(c)

Variances may not be issued for developments inside a regulatory floodway unless:

(1)

All requirements of 44 CFR 65.12 are first met; or

(2)

The following requirements are met:

a.

A no-rise certificate signed and sealed by a professional engineer licensed to practice in the state is submitted to document that no increase in the base flood elevation would result from granting a variance for the proposed development;

b.

Protective measures are employed to minimize damages during flooding events; and

c.

The variance does not result in any adverse impact to other lands.

(d)

Examples of developments for which variance petitions may be appropriate include, but are not limited to:

(1)

The new construction of, or substantial improvement to, a structure on a lot of one-half acre or less in size that is surrounded by contiguous lots with existing structures constructed below the base flood elevation;

(2)

The reconstruction, rehabilitation or restoration of an historical structure, provided that:

a.

The proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure; and

b.

The variance is the minimum necessary to preserve the historic character and design of the structure.

(3)

The new construction of, substantial improvement to, or other development necessary to conduct a functionally dependent use, provided that:

a.

The criteria outlined in subsections (c) and (d) of this section and section 16-52 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.

(Ord. No. 2005-O-6, § 1, 2-3-2005; Ord. No. 2009-O-64, § 6(art. 2, § E), 12-10-2009)