16.36.170 Variances.
A. Purpose. The variance provision is provided to property owners who, due to the strict implementation of standards set forth in this chapter, and/or due to unique circumstances regarding the subject property, are deprived of privilege commonly enjoyed by other properties in the same vicinity and flood area and under the same flood regulation; provided, however, the fact that surrounding properties have been developed under regulations in force prior to the adoption of this code shall not be the sole basis for the granting of a variance.
B. Variance Criteria. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
1. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
d. Variances may be issued for nonresidential buildings to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria and otherwise complies with IMC 16.36.120 and 16.36.130.
2. Variances may be issued for the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the provisions of subsection C of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variances increases.
C. In passing upon such variance applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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 to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
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.
D. Upon consideration of the factors of subsection C of this section and the purposes of this chapter, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E. Any applicant to whom a variance is granted relief from the lowest elevation standards in this chapter shall be given written notice over the signature of a community official the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and that such construction below the base flood elevation increases risks to life and property.
F. The designated official shall maintain the records of all variance actions, including justification for its issuance, and report any variances to the Federal Insurance Administration upon request. (Ord. 2915 § 1 (Exh. A), 2020; Ord. 2775 § 1 (Exh. A), 2016; Ord. 2420 § 1, 2005; Ord. 2030 § 6, 1994; Ord. 1827 § 10, 1989; Ord. 1465 § 4(F), 1981).