§ 72-750. Variance and appeal procedures.

(a)

Designation of variance and appeals board. The development review committee (hereinafter "DRC") as established by the County Council of the County of Volusia shall hear and decide appeals of decisions of the floodplain administrator and requests for variances from the requirements of this division.

(b)

Duties of variance and appeals board. The DRC shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the floodplain administrator in the enforcement or administration of this division. The DRC shall also hear and decide requests for variances from the requirements of this article. The DRC may consider those items specified in the petition and any new related evidence. Any person claiming to be aggrieved by the decision of the DRC may appeal such decision to the County Council of the County of Volusia pursuant to the procedures of subsection 72-502(g).

(c)

Variance procedures. In acting upon variance applications, the DRC shall consider all technical evaluations, all relevant factors, standards specified in other sections of this division, and:

(1)

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

(2)

The danger of life and property due to flooding or erosion damage;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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; and

(11)

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)

Conditions for variances.

(1)

Variances shall only be issued when there is:

a.

A showing 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 an increased flood height, threat to public safety, an increase in public expense, create a nuisance, obstruct the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin, or conflict with existing local laws or ordinances.

(2)

Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this division.

(3)

The floodplain administrator shall maintain the records of all variance actions, including justification for their issuance or denial, and report such variances in the community's NFIP biennial report and upon request to FEMA and the State of Florida, Department of Community Affairs, NFIP Coordinating Office.

(Ord. No. 2011-24, § I, 9-8-11)