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 variance criteria set forth in this article are based on the general principle
of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics
so unusual that complying with the requirements of this chapter would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics
must be unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property
owners.
It is the duty of the City Council to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built
below flood level are so serious that variances from the flood elevation or from other
requirements in the flood ordinance are quite rare. The long-term goal of preventing
and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this chapter are more detailed and
contain multiple provisions that must be met before a variance can be properly granted.
The criteria are designed to screen out those situations in which alternatives other
than a variance are more appropriate.
(Ord. 3430-C.S., § 1, effective 1-4-07)
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