§ 62-4034. Variances.

(a)

The board of county commissioners shall hear and decide appeals and requests for variances from the requirements of this article.

(b)

The board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the building official in the enforcement or administration of this article or any error in the technical data and flood elevation appearing on the flood insurance rate map. The application for a variance shall be heard following 15 days' prior written notice published once in a newspaper of general circulation in the county. Courtesy notices shall be sent to all adjacent property owners within 200 feet of the affected property. The names of such property owners are to be supplied by the applicant from the current records of the county property appraiser's office. An application fee to cover the cost of publication, public hearing, courtesy notices and other costs may be established by resolution of the board of county commissioners.

(c)

Any person or persons jointly or severally aggrieved by the decision of the board may, within 30 days after filing of any decision in the office of the clerk to the board, but not thereafter, appeal such decision to a court of competent jurisdiction for appropriate relief.

(d)

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 section, provided the proposed reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.

(e)

In passing upon an application for a variance, the board shall consider all technical evaluations provided by the applicant, all relevant factors and standards specified in other sections of this article, 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 availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(5)

The compatibility of the proposed use with existing and anticipated development;

(6)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(7)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(8)

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

(9)

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.

Generally, 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 elevation, providing the standards set out in subsections (e)(1) through (9) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(f)

The applicant for a variance shall have the burden of presenting technical justification for the granting of a variance. The applicant shall be responsible for securing and paying for all technical reports, maps, plats, plans and other data necessary for the board or county staff to evaluate factors deemed relevant by the board to the consideration of any variance from the provisions of this article. The board may postpone final consideration of any variance while the county staff evaluates the extent to which the applicant's property meets the technical criteria for a variance specified in this article.

(g)

Upon consideration of the factors listed in subsection (e) of this section and the purposes of this article, the board may attach such additional conditions to the granting of a variance as it deems necessary to further the purposes of this article.

(h)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)

Conditions for variances are as follows:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Variances shall only be issued upon a finding of each and all of the following:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship on the applicant; provided, however, that such hardship is not the result of self-imposed action of the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(j)

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 requested to be built, stating that the issuance of a variance to construct a structure below the 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.

(k)

The board shall maintain the records of all appeal actions and variances and report any variances to the federal emergency management agency upon request.

(Code 1979, § 14-109; Ord. No. 02-09C, § 5, 2-26-02; Ord. No. 2014-14, § 1, 5-1-14)