15.04.180 Procedure for obtaining variances.
A. Variances to this chapter may be granted by the planning commission only in accordance with the standards set forth in this section. The planning commission must consider the fact that every newly constructed building adds to the local government’s responsibilities and remains a part of the community for the indefinite future.
B. Variances may be issued for:
1. 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; or
2. 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 subsection (C) of this section; if the variance is on a lot exceeding one-half acre, it should be presumed that the lot is large enough to be developed without the variance and the technical justification for issuing the variance increases; or
3. New construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use (that is, the use of the building is absolutely dependent on its close proximity to water); provided, that (a) the criteria of subsection (C) 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; or
4. Agricultural structures located in wide, expansive floodplains and used for temporary storage of equipment, crops or shelter for livestock upon demonstration that such structures are designed to result in minimal damage to the structure and its contents and will create no additional threats to public safety during periods of flooding.
C. Procedures for the granting of variances by the planning commission are as follows:
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 only be issued 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 or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
4. The applicant shall be notified in writing by the director 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 commensurate with the increased risk 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 subsection (C)(5) of this section;
5. The Department of Community Planning 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 Federal Insurance Administrator; and
6. An appeal from a decision made under this section may be made to the Board of Adjustment in accordance with the procedures set forth in FNSBC Title 18. (Ord. 2014-08 § 4, 2014; Ord. 2009-55 § 2, 2010; Ord. 85-124 § 3, 1985. 2004 Code § 15.04.140.)