Section 3710.35  Variances

a)         Whenever the standards of this Part place undue hardship on a specific development proposal, the applicant may apply to the Department for a variance, of this Part.

b)         No variances shall be granted within a floodway if any increases in the base flood elevation would result. 

c)         No variance shall be granted unless the applicant demonstrates and the Department finds that all of the following conditions are met:

1)         The development activity cannot be located outside the floodplain.

2)         A failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3)         The variance granted is the minimum necessary, considering the flood hazard, to afford relief.

4)         There will be no additional threat to public health, public safety, destruction of beneficial stream uses and functions including, aquatic habitat, causation of fraud on or victimization of the public, conflict with existing local laws or administrative rules, or creation of a nuisance.  There will be no additional State expense for flood protection, rescue or relief operations, policing, lost environmental stream uses and functions, repairs to streambeds and banks, or repairs to roads, utilities, or other public facilities.

5)         The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP.

6)         Good and sufficient cause has been shown that the unique characteristics of the size, configuration, or topography of the site renders the requirements of this Part inappropriate.

7)         All other State and federal permits, other than the permit required by this Part, have been obtained.

d)         Considerations for Review. In reviewing applications for variances, the following shall be considered:

1)         The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

2)         The danger to life and property due to flooding or erosion damage.

3)         The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

4)         The importance of the services provided by the proposed development to the State agency.

5)         The availability of alternate locations for the proposed development that are not subject to flooding or erosion.

6)         The compatibility of the proposed development with existing and anticipated development.

7)         The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

8)         The safety of access to the property in times of flood for ordinary and emergency vehicles.

9)         The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

10)       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, streets, and bridges.

11)       All technical evaluations, all relevant factors, all other portions of this Part.

e)         Historic Structures. Variances issued for the reconstruction, repair, or alteration of a historic site or historic structure may be granted subject to the conditions that:

1)         The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.

2)         The repair or rehabilitation will not preclude the structure's continued designation as a historic structure.