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A. Subject to conditions, safeguards and procedures provided by this section, the hearing examiner may be empowered to hear and decide applications for variances from the terms of Chapter 15.68 ACC; provided the hearing examiner may approve a variance only if the request conforms to all of the criteria in subsection B of this section. In reviewing applications for a variance, the hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of the ordinance codified in this section, 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 or channel migration and are not in designated fish and wildlife habitat conservation areas;

7. The relationship of the proposed use to the comprehensive plan, growth management regulations, 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 destroy or adversely affect a fish and wildlife habitat conservation area;

10. The potential of the proposed development project to affect, or be affected by, channel migration;

11. Shall not result in a violation of this chapter;

12. Must be compliant with the Endangered Species Act.

B. The examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions. No variance shall be granted to the requirements of Chapter 15.68 ACC unless the applicant demonstrates that:

1. The development project cannot be located outside the regulatory floodplain;

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 discharge would result;

6. The project will not adversely affect fish or other wildlife habitat.

If the issue is not specific to the property, but is a problem faced by other properties, the remedy should be a revision to the ordinance rather than a variance;

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 Chapter 15.68 ACC, Article V, 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 FPE, 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 $25.00 for $100.00 of insurance coverage, and (2) such construction below the FPE 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. 6295 § 10, 2010.)