The variance criteria set forth in Sections 11-637 to 11-641 are based on the general principle of zoning law that variances pertain to a piece
of property and are not personal in nature. A variance may be granted for a parcel
of property with physical characteristics so unusual that complying with the requirements
of this article would create an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the property and not be shared
by adjacent parcels. The unique characteristic must pertain to the land itself, not
to the structure, its inhabitants, or the property owners.
The public needs to be protected from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below flood level are so serious
that variances from the flood elevation or from other requirements in the flood ordinance
must be rare. The long term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this article are more detailed and contain multiple provisions that must
be met before a variance can be properly granted. The criteria are designed to screen
out those situations in which alternatives other than a variance are more appropriate.