The variance criteria set forth in this division is based on the general principle
of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics
so unusual that complying with the requirements of this article would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics
must be unique to the property and not be shared by adjacent parcels. The unique characteristic
must pertain to the land itself, not to the structure, its inhabitants, or the property
owners.
(b)
It is the desire and intent of the district to help protect its citizens and others
from flooding. The Federal Emergency Management Agency provides that this is a duty
of such governing body, with the requirements of this article being considered already
to be minimums. Thus, the need for compliance is so compelling, and the implications
of the cost of ensuring a structure built below the regulatory flood elevation are
so serious, that variances from the flood elevation or other requirements in the flood
ordinance should be rare. The long-term goal of preventing and reducing flood damage
and flood loss require variances to be strictly limited and utilized only when all
necessary criteria are met. Therefore, the variance guidelines provided in this article
are more detailed and contain multiple provisions that must be met before a variance
can be properly granted. The criteria are designed, intended, and shall be applied
to screen out those situations in which alternatives other than a variance are more
appropriate.
