Variances.
Huntsville Code of Ordinances, App. A, art. 62, § 62.12
in effect62.12. - Variances.
62.12.1. The city engineer shall review petitions for variances and report his findings to the board of zoning adjustment.
62.12.2. Variances shall not be granted within any designated floodway district if any increase in flood levels during the base flood discharge would result or if hazardous streamflow velocities would result, except under the conditions enumerated in section 62.12.3.
62.12.3. Conditions for variances. Variances shall only be issued:
(1) Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. The provisions of this article are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully.
(2) Upon a showing of good and sufficient cause.
(3) Upon a determination that failure to grant the variance would result in unnecessary hardship unique and different from that shared or suffered by adjacent and similar property also in the designated floodway.
(4) Upon a determination based on hydrologic and hydraulic analyses performed by a registered engineer that the granting of a variance will not result in increased flood levels, floodway widths or hazardous streamflow velocities during a base flood discharge. Neither will the variance create additional threats to public safety, extraordinary public expense or nuisances, cause fraud or victimization of the public, nor conflict with existing local laws or ordinances with respect to the use to which the property is to be put.
(5) For any building or structure in existence prior to the effective date of this article that is hereafter destroyed or substantially damaged to 50 percent or more of its replacement cost at the time of destruction by any means if the reconstruction does not exceed the volume and external dimensions of the original structure and does not offer any greater obstruction to the flow of floodwater than did the original structure.
(6) For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair, rehabilitation, or restoration will not result in the structure losing its historical designation and the variance is the minimum to preserve the historic character and design of the structure.
(7) For new construction on an isolated lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level in residential subdivisions recorded prior to the effective date of this ordinance.
(8) For the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood.
62.12.4. Standards for evaluating variance applications by the board of adjustment. In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:
(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 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 of the facility to a waterfront location in the case of a functionally dependent facility;
(6) The availability of alternative locations not subject to flooding or erosion damage for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program 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; and
(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.
62.12.5. Upon consideration of the factors listed above and the purposes of this ordinance, the board of zoning adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
62.12.6. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
62.12.7. The zoning administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(Ord. No. 98-189, § 1(62.12), 4-7-1998; Ord. No. 07-460, § 3, 6-28-2007)
Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_APXAZOOR_ART62FLHADIRE_62.12VAFetched: 11/6/2026