MapLink™ | Procedures | Variance - Floodplain Districts

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Variance - Floodplain Districts
(1) The Board may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:
(a) Literal enforcement of the ordinance will cause unnecessary hardship;
(b) The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
(c) The variance is not contrary to the public interest; and
(d) The variance is consistent with the purpose of this chapter in § 400-3.

(2) In addition to the criteria in Subsection D(1), to qualify for a variance under FEMA regulations, the following criteria must be met:
(a) The variance shall not cause any increase in the regional flood elevation;
(b) Variances can only be granted for lots that are less than 1/2 acre and are contiguous to existing structures constructed below the RFE; and
(c) Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance.

(3) A variance shall not:
(a) Grant, extend or increase any use prohibited in the zoning district;
(b) Be granted for a hardship based solely on an economic gain or loss;
(c) Be granted for a hardship which is self-created.
(d) Damage the rights or property values of other persons in the area;
(e) Allow actions without the amendments to this chapter or map(s) required in Article VIII, Amendments; and
(f) Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.

(4) When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.