§ 15.04.050. Variances within flood hazard areas.

A.

Variances from the requirements of this chapter may be granted by the city council subject to the following conditions:

1.

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

2.

Variances shall be issued only upon:

a.

A showing of good and sufficient cause; or

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; or

3.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvement to be erected on a lot of one-half acre of [or] less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 1. through 11. in section 15.04.060D. have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

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 this section.

5.

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

6.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or [of] property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such variances from the flood elevations should be quite rare.

7.

Variances may be issued or nonresidential buildings in very limited circumstances 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, and otherwise complies with applicable provisions of Sections 15.04.050 and 15.04.060.

B.

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

C.

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

D.

The council shall notify the applicant in writing over the signature of the mayor that:

1.

The issuance of a variance to construct a structure below the base flood level could result in increased premium rates for flood insurance; and

2.

That such construction below the base flood level increases risks to life and property. Such notification shall be maintained by the city with a record of all variance actions.

E.

The city manager shall:

1.

Maintain a record of all variance actions, including justification for their issuance; and

2.

Report such variances issued in his/her annual report submitted to FEMA.

(Prior code § 17.01.050)

(Ord. No. 2011-04(S), § 9, 9-9-2010)