§ 19-43. Variance and appeal procedures—Generally.

The DRC shall hear and decide appeals and requests for variances from the requirements of this chapter. The DRC shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination was made by the floodplain administrator in the enforcement or administration of this chapter.

(1)

Variances.

a.

Applications for variances from the requirements of this chapter shall be made to the DRC. The DRC may require of the applicant for a variance such information as is necessary to carry out the purposes of this chapter.

b.

A variance may be issued by the DRC only upon satisfaction of all of the following criteria:

1.

A showing of good and sufficient cause by the applicant;

2.

A determination by the DRC that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of historic structure, a determination that the variance is the minimum necessary so as to not destroy the historic character and design of the building;

3.

A determination by the DRC that failure to grant the variance would result in exceptional hardship to the applicant; and

4.

A determination by the DRC that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

In evaluating whether a variance application meets the requirements of subsection b., above, the DRC may consider any of the following factors that are relevant to the facts and circumstances of the application:

1.

The technical evaluations, relevant factors, and standards specified in other sections of this chapter.

2.

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

3.

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

4.

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

5.

The importance of the services provided by the proposed facility to the community.

6.

The necessity to the facility of a waterfront location, where applicable.

7.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

8.

The compatibility of the proposed use with existing and anticipated development.

9.

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

10.

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

11.

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.

12.

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.

Upon consideration of the standards established in this section, the DRC may approve, approve with conditions, or deny an application for a variance.

e.

An 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:

1.

The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance; and

2.

Such construction below the base flood level increases risks to life and property.

A copy of the notice shall be recorded by the floodplain administrator in the official records of Orange County, Florida, at the sole cost of the applicant.

f.

The floodplain administrator shall maintain the records of all variance and appeal actions in accordance with applicable retention laws, including justification for their issuance or denial, and report such variances in the county's NFIP biennial report or upon request to FEMA and the State of Florida Department of Community Affairs, NFIP coordinating office.

g.

By resolution, the board of county commissioners may from time to time, establish fees to be applicable to all variances which shall be submitted at the time of filing the application for variance. The fee shall include the cost of recording any notice required of the county should the variance be issued.

(2)

Appeals of decision of the floodplain administrator. Any appeal of a final decision of the floodplain administrator must be made to the DRC within thirty (30) days of the mailing of notice of the decision of the floodplain administrator. Hand delivery of the notice may be substituted for mail delivery. All appeals shall be in writing and state with particularly all the grounds of appeal and be filed with the floodplain administrator.

(Ord. No. 2009-24 , § 3, 9-22-09)