Chapter 16D.05.52


16D.05.52.010    Procedure.

16D.05.52.020    Variance Limitations.

16D.05.52.030    Conditions for Authorization.

16D.05.52.040    Administrative Official’s Decision.

16D.05.52.050    Notification and Final Decision.

16D.05.52.060    Power to Refer Decisions.

16D.05.52.070    Appeals.

16D.05.52.010 Procedure.

Any person seeking a variance from the requirements of Chapters 16D.05.20 through 16D.05.72 authorized under Section 16D.05.52.020 shall make such request in writing to the department on forms supplied by the department. Upon receipt of a completed application and application fee for the variance, a notice of the variance request shall be forwarded to all landowners of adjacent property within twenty days of the receipt of completed application and fee. The notice shall solicit written comment on the variance request and specify a time period not less than ten days from the date of mailing, during which written comments may be received and considered. The notice shall also state that copies of the administrative official’s final decision will be mailed upon request. The administrative official may also solicit comments from any other person or public agency he or she feels may be affected by the proposal.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.020 Variance Limitations.

(1)    Variances shall be limited solely to the consideration of:

(a)    Elevation requirements for lowest floor construction;

(b)    Elevation requirements for floodproofing;

(c)    The type and extent of floodproofing.

(2)    Variances shall not be considered for any procedural or informational requirements or use prohibitions of Chapters 16D.05.20 through 16D.05.72.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.030 Conditions for Authorization.

Before a variance to the provisions of Chapters 16D.05.20 through 16D.05.72 may be authorized, it shall be shown that:

(1)    There are special circumstances applicable to the subject property or to the intended use, such as size, topography, location or surroundings, that do not apply generally to other property in the same vicinity and zone; and

(2)    The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located; and

(3)    Such a variance is the minimum necessary, considering the flood hazard, to afford relief; and

(4)    Failure to grant the variance would result in exceptional hardship to the applicant; and

(5)    The granting of such a variance will not result in:

(a)    Increased flood heights;

(b)    Additional threats to public safety;

(c)    Creation of nuisances;

(d)    Extraordinary public expense;

(e)    Conflicts with other existing local laws or ordinances.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.040 Administrative Official’s Decision.

After considering any comments received from other agencies, jurisdictions or adjoining property owners, the administrative official shall approve, approve with conditions, or deny the variance request. The administrative official shall prepare written findings and conclusions stating the specific reasons upon which the decision is based.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.050 Notification and Final Decision.

The decision shall be issued within seven days from the end of the comment period. Further, the administrative official shall mail the findings and decision to the applicant and to other parties of record requesting a copy.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.060 Power to Refer Decisions.

In exercising the duties and powers of implementing and administrating Chapters 16D.05.20 through 16D.05.72, the administrative official may refer any variance application to the hearing examiner for action at a public hearing.

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).

16D.05.52.070 Appeals.

Any decision by the administrative official to approve or deny a variance request may be appealed subject to the procedures set forth in Section 16D.03.13 (Development Authorization – Review Procedure).

(Ord. 14-2007 § 1 (Exh. A) (part), 2007).