§ 18-42. Variance procedures.

(a)

The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

The City Council, after a public hearing and examining the applicant's hardships, shall approve or disapprove a request for variance.

(b)

Guidelines for the granting of variances are as follows:

(1)

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

(2)

Variances may be issued by 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, in conformance with the procedures of paragraphs (b)(3), (4), (5) and (6) of this section;

(3)

Variances shall only be issued by a community 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; and

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 laws or ordinances;

(4)

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

(5)

The City shall notify the applicant in writing over the signature of a community official that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

b.

Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions as required in paragraph (a)(6) of this section; and

(6)

The City shall:

a.

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

b.

Report such variances issued in its annual or biennial report submitted to the Administrator of National Flood Insurance Program.

(7)

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria of paragraphs (b)(1) through (b)(4) of this section are met; and

b.

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(8)

Variances may be issued for the repair or rehabilitation 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.

(Ord. No. 36, art. 4, § D, 2-23-1987; Ord. No. 600-01-10, 7-20-2010; Ord. No. 100-02-11, § I, 5-17-2011; Ord. No. 100-11-12, § I, 9-24-2012)