CHAPTER 9. BUILDINGS.*
Sec. 9-56.2. Nature of variances.
The variance criteria set forth in this section of this
article are 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.
It is the duty of the city to help protect its citizens from
flooding. This need is so compelling and the implications of the cost of
insuring a structure built below flood level are so serious that variances from
the flood elevation or from other requirements in the flood ordinance will be
quite rare. 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 considered or granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
(Ord. No. 2383 (NCS), § 1.)