§ 7B-8. Variance procedure.

(a)

The chief building official shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b)

The chief building official shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made in the enforcement or administration of this chapter.

(c)

In passing upon applications for variances, the chief building official shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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.

(d)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsections (c)(1) through (6) in this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(e)

Upon consideration of the factors of this section and the purposes of this chapter, the chief building official may attach such conditions to the granting of variances as he or she deems necessary to further the purposes of this chapter.

(f)

The chief building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. No. 5700 § 1, 2007; Ord. No. 2918 § 3.)