Sec. 65.639. - Conditions for Issuance of Floodplain Variances.
(a) Floodplain variances shall be issued only upon:
1. 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 the Floodplain Regulations and the Florida Building Code or the required elevation standards;
2. Determination by the Flood Protection Review Committee that:
i. Failure to grant the floodplain variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;
ii. The granting of a floodplain variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and
iii. The floodplain variance is the minimum necessary, considering the flood hazard, to afford relief;
3. Receipt of a signed statement by the applicant that the floodplain variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and
4. If the request is for a floodplain variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the floodplain variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.
(b) A variance is authorized to be issued for the construction or substantial improvement of agricultural structures provided the requirements of Part 6E are satisfied and:
1. A determination has been made that the proposed agricultural structure:
i. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
ii. Has low damage potential (amount of physical damage, contents damage. and loss of function).
iii. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water reactive materials.
iv. Complies with the wet floodproofing construction requirements of paragraph (2), below.
2. Wet floodproofing construction requirements.
i. Anchored to resist flotation, collapse, and lateral movement.
ii. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
iii. Flood damage-resistant materials are used below the base flood elevation plus one (1) foot.
iv. Mechanical, electrical, and utility equipment, including plumbing fixtures, are elevated above the base flood elevation plus one (1) foot.
(Ord. No. 2018-27, § 5, 5-29-2018, Doc. #1805291205; Ord. No. 2021-66, § 2, 11-8-2021, Doc. #2111081204)
