§ 4-41. Variances.

(a)

The floodplain review board (board) as established by the Tuscumbia City Council shall hear and decide requests for appeals or variance from the requirements of this article.

(b)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the building official in the enforcement or administration of this article.

(c)

Any person aggrieved by the decision of the board may appeal such decision to the District Court, as provided in the Code of Alabama, Title 11, Chapter 18, Section 21.

(d)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(e)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(f)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g)

In reviewing such requests, the board shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(h)

Conditions for variances:

(1)

A variance shall be issued only when there is:

a.

A finding of good and sufficient cause,

b.

A determination that failure to grant the variance would result in exceptional hardship; and,

c.

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

(2)

The provisions of this article are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(4)

The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the Alabama Department of Economic and Community Affairs/Office of Water Resources upon request.

(i)

Upon consideration of the factors listed above and the purposes of this article, the board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(Ord. No. 10-0118, art. 5, 1-18-2010)