Chapter 15.52 FLOOD DAMAGE PREVENTION
Section 15.52.250 Conditions for variances.
A. Generally, variances may be issued
for new construction, substantial improvement and
other proposed new development 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,
providing that the procedures of Sections 15.52.120 through 15.52.220 of this chapter have been
fully considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
B. Variances may be issued for the
repair or rehabilitation of "historic structures" (as defined
in Section 15.52.050 of this chapter) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic structure and
the variance is the minimum necessary to preserve the historic character and design of the
structure.
C. Variances shall not be issued within
any designated floodway if any increase in flood
levels during the base flood discharge would result.
D. Variances shall only be issued
upon a determination that the variance is the "minimum
necessary" (as defined in Section 15.52.050 of this chapter), considering the flood hazard, to
afford relief.
E. Variances shall only be issued
upon:
1. A showing of good and sufficient
cause;
2. A determination that failure to
grant the variance would result in exceptional "hardship"
(as defined in Section 15.52.050 of this chapter) to the applicant; and
3. A determination that the granting
of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create "nuisances" (as
defined in
Section 15.52.050 of this chapter), cause "fraud or victimization" (as defined in Section
15.52.050 of this chapter) of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new
construction, substantial improvement and other
proposed new development necessary for the conduct of a functionally dependent use; provided,
that the provisions of subsections A through E of this section are satisfied and that 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.
G. Upon consideration of the factors
of Section 15.52.240C and the purposes of this chapter,
the city council may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter. (Ord. 463 § 1 (part), 1991: prior code § 26-6.30)