76-619. Flood hazard district variances., Article XV. Zoning Board of Appeals, Chapter 76. Zoning, Code of Ordinances, Code of Ordinances, Chesterfield

(a)

Purpose. Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing factors in subsection (c) of this section have been fully considered. As the lot size increases beyond the half acre, the technical justification required for issuing the variance increases.

(b)

Grant of variance. Upon consideration of the factors in subsection (c) of this section and the purposes of this chapter, the zoning board of appeals may grant such variances and impose conditions and requirements as it deems necessary to further the purposes of this chapter.

(c)

Other considerations. In passing upon such applications, the zoning board of appeals 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 into other lands to the injury of others.

(2)

The danger to 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.

(11)

The costs of providing governmental services during the after-flood conditions, including maintenance and repair of public utilities and facilities, such as a sewer, gas, electrical, water systems, and streets and bridges.

(d)

Records. The building administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(e)

Procedure exemption. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(f)

Flood level increases. A variance shall not be granted within a regulatory floodway where the result would be an increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the department of natural resources that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with Act No. 245 of the Public Acts of Michigan of 1929 (MCL 323.1 et seq., MSA 3.521 et seq.), as amended by Act No. 167 of the Public Acts of Michigan of 1968, shall be required, provided that the allowable increase, including the increase used as the design standard for delineating the floodway, shall not exceed one foot.

(g)

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

(h)

Issuance. Variances shall only be issued upon:

(1)

A showing of good and sufficient cause.

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(3)

A determination that the granting of a variance will not result in harmful increased flood heights as determined by the township engineer or the state department of natural resources, additional threats to public safety, extraordinary public expense, will not create nuisances, cause fraud on or victimization of the public as identified in subsection (c) of this section or conflict with existing local laws or ordinances.

(i)

Written notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the 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.