15.15.160 Appeals and variances | Talent Municipal Code

15.15.160 Appeals and variances.

The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter.

A. Appeals. The planning commission shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the floodplain administrator, or any taxpayer, may appeal such decision to the planning commission. In considering an appeal of the decision of the floodplain administrator, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and all of the following:

1. The danger that materials may be swept onto 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 expected at the site; and

11. The 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, and streets and bridges.

B. Variances. A variance may be permitted by the planning commission based upon the consideration of the factors listed in subsections (A)(1) through (A)(11) of this section, and the variance criteria that follow. The planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

1. The variance requested is a variance from the elevation standard for new construction or substantial improvements 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 in subsections (A)(1) through (A)(11) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases; or

2. The variance requested is 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 this section; or

3. The variance requested is for a nonresidential building in very limited circumstances, the request is to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria in this subsection (B), and otherwise complies with this chapter; and all of the following:

a. Variances shall not be issued within a designated floodway; and

b. The variance requested is the minimum necessary, considering the flood hazard, to afford relief; and

c. All of the following findings have been made:

i. Failure to grant the variance would result in exceptional hardship to the applicant;

ii. Granting the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

1. Any applicant for whom an appeal is decided or a variance is granted shall be given written notice that the structure will be permitted to be built as requested, and subject to any applicable conditions of approval, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced flood damage prevention standard allowed for this specific application.

2. The floodplain administrator shall maintain the records of all appeal and variance actions, and shall report any variances to the Federal Insurance Administration upon request. [Ord. 979 § 1 (Exh. A), 2023; Ord. 916 § 4.4, 2016; Ord. 752 § 4.4. Formerly 15.15.150.]