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A. In reviewing applications for a variance, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

1. The danger to life and property due to flooding or erosion damage;

2. The danger that materials may be swept onto other lands to the injury of others;

3. The safety of access to the property in times of flood for ordinary and emergency vehicles;

4. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

5. The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner;

6. The availability of alternative locations for the proposed use which are not subject to flooding;

7. The relationship of the proposed use to the comprehensive plan, growth management regulations, critical area regulations, the shoreline management program, and floodplain management program for that area;

8. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

9. The potential of the proposed development project to adversely affect federal, state or locally protected species or habitats; and

10. Is the minimum necessary to grant relief.

B. No variance shall be granted to the requirements of this chapter unless the applicant demonstrates that:

1. The development project cannot be located outside the SFHA;

2. An exceptional hardship would result if the variance were not granted;

3. The relief requested is the minimum necessary;

4. The applicant’s circumstances are unique and do not represent a problem faced by other area properties;

5. If the project is within a designated floodway, no increase in flood levels during the base flood would result;

6. The project will not adversely affect features or quality of habitat supporting local, state or federally protected fish or wildlife;

7. There will be no additional threat to public health, safety, beneficial stream or water uses and functions, or creation of a nuisance;

8. There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs to streambeds, shorelines, banks, roads, utilities, or other public facilities; and

9. All requirements of other permitting agencies will still be met.

C. Variances requested in connection with restoration of a historic site, building, or structure may be granted using criteria more permissive than the above requirements, provided:

1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the site, building, or structure; and

2. The repair or rehabilitation will not result in the site, building, or structure losing its historic designation.

D. Variances to the provisions of Article 7 of this chapter (Standards for Protection of Structures) may be issued for a structure on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the other variance criteria are met. The applicant for such a variance shall be notified, in writing, that the structure (1) will be subject to increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and (2) such construction increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

E. Variances pertain to a physical piece of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances.

(Ord. 6605 § 2, Added, 01/25/2017)