§ 27.06.200. Variance procedures.  


Latest version.
  • (a)

    The Floodplain Administrator shall hear and decide appeals and requests for variances from the floodplain management requirements of this ordinance. Applications for variance shall be in writing and on forms provided by the Administrator. A nonrefundable processing fee of one hundred dollars shall be paid to the Administrator at the time of the filing of a request for variance.

    (b)

    The subdivision committee of the Metropolitan Area Planning Commission, the first Appeal Board shall hear appeals from any decision or determination made by the Administrator in the enforcement or administration of this chapter. Such appeals shall be in writing and shall specify the grounds for appeal. Such appeals shall be filed with the secretary of the Metropolitan Area Planning Commission within thirty days of the decision or determination appealed from. The secretary of the Metropolitan Area Planning Commission shall fix a reasonable time for the hearing of appeals, giving notice to the appealing party or parties at least fifteen days prior to such hearing. Appeals shall be decided within a reasonable time. At appeal hearings, any party may appear in person, by agent or by attorney. The subdivision committee may reverse or affirm, in whole or in part or modify the decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

    (c)

    Any person aggrieved by the decision or determination of the subdivision committee may appeal such decision or determination to the Metropolitan Area Planning Commission, the second Appeal Board. The procedure for such appeals shall be as set forth above in subsection (a) for appeals from decisions by the Floodplain Administrator.

    (d)

    Any person aggrieved by the decision or determination of the Metropolitan Area Planning Commission may appeal such decision or determination to the city council, the third Appeal Board. The city council will review such decision or determination in the manner provided above for appeals from decisions by the Administrator, except that such appeals shall be filed with the city clerk and the notice to the appealing party or parties shall be provided at least five days prior to such hearing.

    (e)

    In passing upon such applications for variances, the Administrator and Appeal Boards shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following criteria:

    (1)

    Danger to life and property due to flood damage and erosion damage;

    (2)

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

    (3)

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

    (4)

    Importance of the services provided by the proposed facility to the community;

    (5)

    Necessity of the facility of a waterfront location, where applicable;

    (6)

    Availability of alternative locations, not subject to flood damage, for the proposed use;

    (7)

    Compatibility of the proposed use with existing and anticipated development;

    (8)

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

    (9)

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

    (10)

    Expected heights, velocity, duration, rate of rise and sediment transport of the flood water, if applicable, expected at the site; and,

    (11)

    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; streets; and bridges;

    (f)

    Variances may be issued for new construction and substantial improvement 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 items one (1) through five (5) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

    (1)

    Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provide the proposed activity will not preclude the structure's continued historic designation.

    (2)

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

    (3)

    Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

    (4)

    Variances shall only be issued upon: (a) showing of good and sufficient cause, (b) determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

    (5)

    The City of Wichita shall notify the applicant in writing that: (a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.

(Ord. No. 47-346, § 20, 2-13-07; Ord. No. 49-258, § 6, 4-10-12; Ord. No. 50-381, § 6, 12-13-16)