22.14.090 Conditions for Variance.
(1) Generally, the only conditions under which a variance from the elevation standard may be issued is 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 level, provided, the following items have been fully considered:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage;
(d) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(e) The safety of access to the property in times of flood;
(g) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities.
(2) Variances may be issued for reconstruction, rehabilitation or restoration of structures listed in 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.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during base flood discharge would result.
(4) Variances shall be issued only upon:
(a) A showing of good and sufficient cause, and that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(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 or conflict with existing local laws and Chapters.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principal that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.
(6) Variances may be issued for 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, complies with all other variance criteria set forth in this section, and otherwise complies with this Chapter.
(7) Any applicant to whom a variance is issued shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increase risk resulting from the reduced lowest floor elevation. (Ord. 159-N, §6, 1987)