(A) The Town Council of Fairfax shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Town Council shall hear and decide appeals when it is alleged there is anerror in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(C) In passing upon such applications, the Town Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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 time of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters 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 system, and streets and bridges.
(D) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (C)(1) through (11) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(E) Upon consideration of the factors of division (C) of this section and the purposes of this chapter, the Town Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(F) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(Prior Code, § 17.36.270) (Ord. 577, passed - -1988)
