Section 8-626 Variances And Exceptions
8-626.A. Generally. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subsections (1) through (11) of Section H, below, have been fully considered. As the lot size increases beyond one half (1/2) acre, the technical justifications required for issuing the variance shall increase.
8-626.A.1. Variances may be issued for the repair, reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or to structures locally designated as an historic landmark without regard to the procedures set forth in the remainder of this Section. The proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure.
8-626.A.2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
8-626.A.3. Variances shall only be issued upon:
a. determination the variance is the minimum necessary, considering the flood hazard, to afford relief;
b. a showing of good and sufficient cause;
c. determination that failure to grant the variance would result in exceptional hardship to the applicant;
d. determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, or cause fraud on or victimization of the public, as defined in subsection H, below, or conflict with existing local laws or ordinances.
8-626.B. Written Notice. Any applicant to whom a variance is granted shall be given written notice by the Permit Authority that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
The permit authority shall also notify the applicant in writing that:
8-626.B.1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25) per one hundred dollars ($100) of insurance coverage; and
8-626.B.2. Such construction below the base flood level increased risk to life and property. Such notification shall be maintained with a record of all variance actions where applicable.
8-626.C. Technical Data. Applications for a variance from provisions of Sections 8-618 through 8-625 must include sound technical data as to foundation anchoring, floodproofing for flood resistivity with flood resistant materials and an engineering analysis of material design to withstand and resist hydrostatic and hydrodynamic loads.
8-626.D. Records of Variances. The Permit Authority shall maintain a record for all variance actions including justification for their issuance, and shall report such variances issued in its annual report to the Flood Insurance Administration Administrator.
8-626.E. Existing Structures Exempt. The provisions of Sections 8-618 through 8-625 shall not apply to any fixed building or structure already lawfully in place or for which a lawful permit has been granted at the time of the ordinance from which this section derives; provided, that in the event of substantial improvement of such building or structure, its reconstruction or replacement shall be considered a new use and be governed by the other applicable provisions of Sections 8-618 through 8-625.
8-626.F. Appeals. P&Z shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Town Engineer in the enforcement or administration of this Division. Those aggrieved by the decision of P&Z, or any interested taxpayer, may appeal such decisions to the Town Council pursuant to Section 5-207 of this Title, and thereafter to the District Court of San Miguel County, pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.
8-626.G. Standards. In passing upon an appeal or request for variance, P&Z and the Permit Authority, as applicable shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Division, and:
8-626.G.1. the danger that materials may be swept onto other lands and injure persons and property;
8-626.G.2. the danger of life and property due to flooding or erosion damage;
8-626.G.3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
8-626.G.4. the importance of the services provided by the proposed facility to the community;
8-626.G.5. the necessity to the facility of a waterfront location, where applicable;
8-626.G.6. the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;
8-626.G.7. the compatibility of the proposed use with the existing and anticipated development;
8-626.G.8. the relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
8-626.G.9. the safety of access to the property on times of flood for ordinary and emergency vehicles;
8-626.G.10. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
8-626.G.11. the costs of providing public 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.
8-626.H. Conditions. Upon consideration of the purposes of this Division, P&Z and the Permit Authority, as applicable, may attach such conditions to the granting of appeals or variances as it deems necessary to further the purposes of this Division.
8-626.I. Records of Appeals. The Permit Authority shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.