§ 122-5. Variances to the Floodplain Management Requirements.

(a)

Generally. Where, owing to special conditions, a literal enforcement of the floodplain management provisions of this chapter would result in exceptional hardship unique to that property or proposed project, the Division of Administrative Hearings (DOAH) may grant requests for variances from the terms of those provisions as will not be contrary to the public interest, will be in harmony with the general purpose and intent of this chapter, and will be the minimum variance that will allow reasonable use of the property.

(b)

Procedures.  

(1)

An application for a variance from the provisions of this chapter for development in an area of special flood hazard shall be filed with the Building Department at the time of application for a building permit.

(2)

Within ten (10) days of receipt of a complete application for a variance from the terms of the floodplain management provisions of this chapter, the Building Official shall review the application, and submit a report and recommendation to the DOAH.

(3)

The DOAH shall review the application and the reports and recommendations of the Building Official and may consider granting the application for variance in accordance with the administrative hearing process in Florida under chapter 120, Florida Statutes and Florida Administrative Code Chapter 28-106, Parts I and II.

(c)

Conditions.  

(1)

Variances shall be issued only upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and only upon all of the following conditions:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

c.

A determination that the granting of a variance will not result in increased flood heights; result in additional threats to public safety; result in extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or conflict with other provisions of this chapter or this Code; and

d.

Specific written findings linked to the factors below.

(2)

The following factors shall be relevant in the granting of a variance:

a.

Physical characteristics of construction;

b.

Whether it is possible to use the property by a conforming method of construction;

c.

The possibility that materials may be swept onto other lands to the injury of others;

d.

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

e.

The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner;

f.

The importance to the community of the services provided by the proposed facility;

g.

The necessity to the facility of a water-dependent location, where applicable;

h.

The availability of alternate locations less subject to flooding;

i.

The compatibility of the proposed use with existing and anticipated development;

j.

The relationship of the proposed use to the comprehensive plan, land development regulations and the floodplain management program for that area;

k.

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

l.

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

m.

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.

(3)

When the DOAH considers the propriety of granting a variance, the following factors shall not be considered relevant:

a.

The physical disabilities or handicaps and health of the applicant or members of his family;

b.

The domestic difficulties of the applicant or members of his family;

c.

The financial difficulty of the applicant in complying with the floodplain management provisions of this chapter; or

d.

The elevation of surrounding structures.

(4)

Any applicant to whom a variance is granted shall be given written notice by the DOAH specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor being located below the base flood elevation.

(5)

All variances issued shall require that an owners affidavit be prepared, and recorded with the clerk of the circuit court, which shows that the proposed construction will be located in a special flood hazard area, the number of feet that the lowest floor of the proposed structure will be below the base flood level, and that actuarial flood insurance rates increase as the lowest floor within A zone and the bottom of the lowest horizontal structural member of the lowest floor within V zones elevation decreases.

(6)

The Building Official shall maintain records of all variance actions and annually report any variances to the Federal Emergency Management Agency.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)