Ordinances 2015 - Laserfiche WebLink

Home Browse Search

Portsmouth, Virginia, Code of Ordinances: PART II -CODE -Chapter 14.1 FLOOD PROTECTION Sec.14.1-13. -Variances; factors to be considered. (a} Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii} after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a} unacceptable or prohibited increases in flood heights, {b) additional threats to public safety, (c) extraordinary public expense; and will not {d) create nuisances, {e} cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur, However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals 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 tots with existing structures constructed below the base flood level, in conformance with the provisions of this section. Variances may be issued far new construction and substantial improvements and far other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors: (1 } The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shat! be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one hundred (100}-year flood elevation. {2} The danger that materials may be swept on to other lands or downstream to the injury of others. (3} The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5} The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. {7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9} The relationship of the proposed use to the comprehensive plan and floodpfain management program for the area. {10}The safety of access by ordinary and emergency vehicles to the property in time of flood. 20