§ 7-334 VARIANCE AND APPEAL OF INTERPRETATION PROCEDURES.
(a) Variances. 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 the criteria outlined in subsections (1) through (8) below are met, and 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.
(1) A request for a variance shall be submitted in writing to the floodplain administrator. The administrator may issue a variance consistent with the provisions of this section.
(2) Prior to the request being considered, at minimum, the following supporting information shall be forwarded to the floodplain administrator for review and recommendations.
a. Plans drawn to scale showing the nature, location, dimensions and elevations of the property, existing and proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel and floodway and the minimum building elevation.
b. Furnish the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposed use upon flood flows and other factors necessary to render an opinion on the suitability of the proposed use:
1. Cross-sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, and cross-sectional areas to be occupied by the proposed development.
2. A site plan showing elevations or contours of the ground, pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing streets, water supply, sanitary facilities, soil types and other pertinent information.
3. Profile showing the slope of the bottom of the channel or flow line of the stream.
4. Hydraulic information including water surface profiles for a minimum of the 1% annual chance event for existing and proposed improvements.
5. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
6. Photographs showing existing land uses and vegetation upstream and downstream.
(3) Denial of a variance by the floodplain administrator concerning design standards for floodproofing which have been set forth in a nationally recognized standard acceptable to the city, shall be made to the construction and fire prevention board of appeals. The board may only approve alternate methods and shall not approve the omission thereof.
(4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this article.
(5) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the relevant factors in § 7-333(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(6) Upon consideration of the factors noted above and the intent of this article, the floodplain administrator or appropriate appeal board may attach such conditions to the granting of variances as deemed necessary to further the purposes and objectives of this article.
(7) Variances shall not be issued within any designated floodway if any increases in flood levels during the base flood discharge would result.
(8) A variance shall only be issued upon a determination that:
a. The variance is the minimum necessary considering the flood hazard to accord relief;
b. A showing of good and sufficient cause is made;
c. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
d. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, fraud on or victimization of the public (including future owners) or conflict with existing local laws or ordinances.
(9) The Floodplain Administrator shall provide a determination to grant or deny a variance within 30 days from submittal of the variance request, unless additional information was requested to support the variance request which delays the completion of the review.
(10) The Floodplain Administrator shall provide signed, written notice mailed by certified mail, return receipt requested, to an applicant prior to the granting of a variance stating that should a structure be permitted to be built with the lowest floor elevation below the standard minimum floor elevation, the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. Such notice shall be effective upon deposit in United States mail.
(b) Interpretation. If there is an alleged error in an interpretation of any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this article, other than that set forth in § 7-333 may be appealed to the construction and fire prevention board of appeals.
(1) An appeal of an interpretation must be in writing and filed with the flood administrator and appeal board and specifically allege the error in the decision or determination of the floodplain administrator for the property in question. All such appeals to the appeal board must be made 30 days from the date of the floodplain administrator's official written decision or determination.
(2) Applicants shall provide any additional information upon request of the appeal board that is deemed necessary to review the request for variance.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 18816, § 6, passed 9-15-2009; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
