Variance

• A. General. The zoning board of review (ZBR) may hear and grant a variance as prescribed in Section 17.92.010 subject to the procedures and standards contained therein. In addition to complying with the procedures and standards set by Section 17.92.010. The ZBR shall consider and make findings on the following additional factors:
  • 1. The danger to life and property due to flooding including the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
  • 2. The danger that materials may be swept on to other lands 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 importance of the services provided by the proposed facility to City;
  • 5. The requirements of the facility for a waterfront location;
  • 6. The availability of alternative locations not subject to flooding for the proposed use;
  • 7. The safety of access by ordinary and emergency vehicles to the property during flooding;
  • 8. The heights, velocity, duration and rate of rise of the flood waters expected at the site; and
  • 9. The costs of providing governmental services during and after flooding, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
• B. Grant of Variance. A variance shall not be granted by the ZBR unless an applicant demonstrates compliance with the following standards:
  • 1. The development shall not be located within a floodway.
  • 2. The development shall not create any increase in a BFE.
  • 3. The development shall not place fill for structural support on a site located in a V-zone or coastal A-zone.
  • 4. There shall be no additional threat to public health, safety or creation of a nuisance.
  • 5. There shall be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
  • 6. The applicant's circumstances are unique and shall not establish a pattern inconsistent with the intent of the NFIP.
• C. Historic structures. Variances may be issued for the repair or rehabilitation of a historic structure upon a determination that the proposed repair or rehabilitation shall not preclude the structure's continued designation as a historic structure and that the variance shall be the minimum to preserve the historic character and design of the structure.
• D. Notification.
  • 1. Any application for which a variance is granted, the ZBR shall give written notice, to the applicant, specifying the difference between the BFE and the elevation to which the lowest floor is to be built; and stating that:
    • a. The cost of the flood insurance will be commensurate with the increased risk resulting from a lower floor elevation;
    • b. There will be increases the risks to life and property; and
    • c. Being notified of these risks, the applicant shall be required to acknowledge in writing the assumption of the risk and liability.

    A copy of the notice shall be recorded by the ZBR in the city's registry of deeds and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

  • 2. The BI shall maintain the records of appeal actions and report the granting of any variances to the Rhode Island Emergency Management Agency.

(Ord. 2013-27, § 1, 8/26/2013; Ord. 2015-28, § 1, 8/24/2015)