<div class="chunk-title">Sec. 29-68. - Variance procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               The board of adjustment as established by the board of commissioners shall hear and
               decide appeals and requests for variances from the requirements of this article.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The board of adjustment shall hear and decide appeals when it is alleged there is
               an error in any requirement, decision or determination made by the building inspector
               in the enforcement or administration of this article.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Any person aggrieved by the decision of the board of adjustment may appeal such decision
               to the appropriate division of the general court of justice within 30 days after the
               date of the board of adjustment's decision.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Variances may be issued for the reconstruction, rehabilitation or restoration of structures
               listed on the National Register of Historic Places or the state inventory of historic
               places without regard to the procedures set forth in the remainder of this section.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               In passing upon such applications, the board of adjustment shall consider all technical
               evaluations, all relevant factors, standards specified in other sections of this article,
               and:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The danger that materials may be swept onto other lands to the injury of others;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The danger to life and property due to flooding;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The susceptibility of the proposed facility and its contents to flood damage and the
               effect of such damage on the individual owner;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The importance of the services provided by the proposed facility to the county;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The necessity to the facility of a waterfront location, where applicable;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The availability of alternative locations, not subject to flood damage, for the proposed
               use;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               The compatibility of the proposed use with existing and anticipated development;
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The relationship of the proposed use to the comprehensive plan and floodplain management
               program for that area;
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               The safety of access to the property in times of flood for ordinary and emergency
               vehicles;
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               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
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               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 (e)(1)â€”(11) of this section have been fully considered. As the lot size
               increases beyond one-half acre, the technical justification required for issuing the
               variance increases.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Upon consideration of the factors listed in this section and the purposes of this
               article, the board of adjustment may attach such conditions to the granting of variances
               as it deems necessary to further the purposes of this article.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Variances shall not be issued within any designated floodway if any increase in flood
               levels during the base flood discharge would result.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Conditions for variances are as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Variances shall only be issued upon a determination that the variance is the minimum
               necessary, considering the flood hazard, to afford relief.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Variances shall only be issued upon a showing of good and sufficient cause; a determination
               that failure to grant the variance would result in exceptional hardship to the applicant;
               and a determination that the granting of a variance will not result in increased flood
               heights, additional threats to public safety or extraordinary public expense; create
               nuisances; cause fraud on or victimization of the public; or conflict with existing
               local laws or ordinances.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Any applicant to whom a variance is granted shall be given written notice 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 reduced lowest flood elevation.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The building inspector shall maintain the records of all appeal actions and report
               any variances to the Federal Emergency Management Agency upon request.
               </p>
            		
            <p class="historynote0">
               (Code 1978, Â§ 4-83)
               </p></div>