Section
175-81.3
FLOODPLAIN VARIANCES: FACTORS TO BE CONSIDERED
In
passing upon applications for Floodplain Variances, the Board
of Zoning Appeals shall satisfy all relevant factors and procedures
specified
in other sections of the Zoning Ordinance and consider the following
additional
factors:
A.
The showing of good and sufficient cause.
B.
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No variance shall
be
granted for any proposed use, development, or activity within any
Floodway
District that will cause any increase in the Special Flood Hazard Area
elevation.
C.
The danger that materials may be swept on to other lands or
downstream to the injury of others.
D.
The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and
unsanitary
conditions.
E.
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
F.
The importance of the services provided by the proposed
facility to the community.
G.
The requirements of the facility for a waterfront location.
H.
The availability of alternative locations not subject to
flooding for the proposed use.
I.
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future.
J.
The relationship of the proposed use to the comprehensive
plan and floodplain management program for the area.
K.
The safety of access by ordinary and emergency vehicles to
the property in time of flood.
L.
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
M.
Such other factors which are relevant to the purposes of this
ordinance.
The
Board of Zoning Appeals may refer any application and
accompanying documentation pertaining to any request for a variance to
any
engineer or other qualified person or agency for technical assistance
in
evaluating the proposed project in relation to flood heights and
velocities,
and the adequacy of the plans for flood protection and other related
matters.
Variances
shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in (a)
unacceptable or
prohibited increases in flood heights, (b) additional threats to
public
safety, (c) extraordinary public expense; and will not (d) create
nuisances,
(e) cause fraud or victimization of the public, or (f) conflict with
local laws
or ordinances.
Variances shall be
issued only after the Board of Zoning Appeals has determined that the
variance
will be the minimum required to provide relief from exceptional
hardship to the
applicant.
The Board of Zoning
Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure below the Special Flood
Hazard
Area elevation (a) increases the risks to life and property and (b)
will result
in increased premium rates for flood insurance.
A record shall be
maintained of the above notification as well as all variance actions,
including
justification for the issuance of the variances. Any variances that are
issued shall be noted in the annual or biennial report submitted to the
Federal
Insurance Administrator.
(Ord. No. 12-08 Added Entire Section
10-14-08-Effective Upon Passage)