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<br />..I.III.~I <br />_1_l~I~IIIIIIl.,paa"w. <br /> <br />VARIANCES <br /> <br /> <br />A. Overview <br />A variance is a waiver of one or more of the specific standards <br />required in ordinances, In regard to the floodplain ordinance, the <br />general rule of thumb is: Variances should not be granted, <br />This statement is based on the idea that a variance represents a <br />community's approval to set aside floodplain regulations that were <br />adopted to reduce loss of life and property due to flood damages, While <br />the impact of a single variance on fiood hazards may not be significant, <br />the cumulative impact of several variances may by severe, <br />If a developer requests a variance, however, the community should <br />have a consistent and fair policy to deal with such requests, The model <br />ordinance in the Appendix addresses variances, It establishes an appeal <br />board to act on variances, This board may be the city council, board of <br />adjustment, planning and zoning commission, or an independent body, <br />whichever best suits the needs of the community, <br />Guidelines are established for the appeals board to use in reviewing <br />variance requests. Generally, variances may be granted only if: <br />- there is good and sufficient cause, <br />- failure to grant a variance would result in exceptional hardship to <br />the applicant, <br />- the variance will not result in increased flood hazards elsewhere, <br />- the proposed use would be adequately flood proofed, <br />- a reasonable location outside the floodplain is not available, <br />Regarding variances, NFIP regulations list two important documenta' <br />tion requirements: <br />The granting of a variance does not lessen or waive any insurance <br />premium rates. Consequently, when a variance is granted, the local <br />floodplain administrator must provide written notification to the appli- <br />cant that a project granted a variance is not exempt from the insurance <br />requirements. In some instances, a variance may result in increased <br />insurance premium rates that could go as high as $25 per $100 of <br />coverage, <br />Any community granting a variance must maintain a record of all <br />variance actions, This would include the justification for granting the <br />variance, a record of the appeals proceedings, and a copy of the written <br />notification referred to above, <br /> <br />B. Appeal Rights <br />When the floodplain administrator denies a permit, the property <br />owner has the right to appeal the decision to the Board of Adjustment <br />Likewise, if a permit is granted and neighboring property owners or <br />other "aggrieved" persons wish to object, they also have the right to <br />appeal to the Board of Adjustment. <br />The Board is authorized by law to grant a variance from the <br />dimensional standards of the local ordinance in specific cases, for <br />specific reasons, The floodplain administrator should advise the appli- <br />cant of the right to appeal, and assist him or her in filling out the appeal <br />form, Many ordinances place a time limit on the appeal process (usually <br />60 days), so the floodplain administrator should advise the applicant to <br />promptly exercise that right <br /> <br />17 <br />