§ 18-93. Variance procedures.

In reviewing requests for variance, the BZA shall consider all technical evaluations, relevant factors, and standards specified in other sections of this chapter, and:

(1)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, the development is protected by methods that minimize flood damage during the base flood, and it creates no additional threats to public safety.

(2)

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

(3)

The evaluation must be based on the characteristics unique to that property and not be shared by adjacent parcels. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or its owners.

(4)

Variances should never be granted for multiple lots, phases of subdivisions, or entire subdivisions.

(5)

The danger of life and property due to flooding or erosion damage including materials that may be swept onto other lands to the injury of others.

(6)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and the community.

(7)

The safety of access to the property during flood conditions for daily traffic and emergency vehicles.

(8)

The importance of the services provided by the proposed facility to the community.

(9)

The necessity of the facility to be at a waterfront location, where applicable.

(10)

The compatibility of the proposed use with existing and anticipated development based on the community's comprehensive plan for that area.

(11)

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.

(12)

The costs associated with providing governmental services to the development during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and community infrastructure such as streets, bridges, and culverts.

Upon consideration of factors listed above, and the purpose of this chapter, the BZA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. No. 2018-9 , Art. 5(§ C), 8-6-2018)