16.15.190 Variances – Permissible conditions.
(1) As interpreted in the National Flood Insurance Program, a variance is based on the general zoning law principle that the variance pertains to a physical piece of property, is not personal in nature and does not pertain to the structure, its inhabitants or any economic or financial circumstances. A variance primarily pertains to small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.
(2) A variance may be issued for the reconstruction, rehabilitation or restoration 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 that the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) A variance shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would thereby result.
(4) A variance shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that denial of the variance application would result in exceptional hardship to the applicant;
(c) A determination that granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and
(d) A determination that, considering the flood hazard, the variance is the minimum necessary to afford relief.
(5) In very limited circumstances, a variance to allow a lesser degree of floodproofing than watertight or dry floodproofing may be issued for a nonresidential building where it can be demonstrated that such action will have low damage potential, complies with all other variance criteria of this section, and otherwise complies with CMC 16.15.200 and 16.15.210.
(6) Any applicant to whom a variance is granted shall be afforded written notice over the signature of a community official that the issuance of a variance for a structure to be built with a lowest floor elevation below the base flood elevation will result in increased premium flood insurance rates as high as $25.00 for $100.00 of insurance coverage and such construction increases risks to life and property. (Ord. 12-20 § 2 (Exh. A); Ord. 06-17 § 3 (Exh. A); Ord. 100-98 § 1)