18.120.070 Variances for uses within flood hazard areas.
A. Variances from the requirements of this chapter may be granted by the commission according to the provisions of HBC 18.80.050. In addition, the following provisions also apply.
B. In order for a variance to be granted, the following conditions must be met:
1. 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, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
2. A determination that the variance, while affording relief, will authorize the minimum possible departure from the provisions of this chapter.
C. Variances may be issued for substantial improvements to of one-half acre or less in and surrounded by lots with constructed below the level new construction and be erected on a lot size contiguous to existing structures of the regulatory flood.
D. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the regulatory flood discharge would result.
E. The planning commission shall notify the applicant in writing over the signature of the chairman that:
1. The issuance of a variance to construct a structure below the regulatory flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.
2. Such construction below the regulatory flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in this section.
1. Maintain a record of all variance actions, including justification for their issuance.
2. Report such variances issued in the borough’s annual report submitted to FIA.
G. Variances may be issued by the planning commission for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places, without regard to the procedures set forth in this section. (Ord. 04-08-075)