1. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases the technical justification required for issuing the variance increases.

2. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

3. Variances as interpreted in the National Flood Insurance Program are based on the general zoning principle that they pertain to a physical piece of property; they are not person in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare.

4. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than water-tight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with other variances criteria, and otherwise complies with the general standards requirements in SPMC 15.16.230 (Anchoring) and 15.16.260 (Subdivision Proposals).

1. The name, address, telephone number and email address of the applicant, a completed application form with the date of submission to the town and the applicable fee;

2. A statement that the property subject to the interpretation is in the exclusive ownership of the applicant, or that the applicant has requested the interpretation with the consent of all owners of the property;

3. Specific identification of the section of this chapter from which the applicant desires the variance;

4. The applicant’s description of the manner in which the variance satisfies all of the applicable criteria in subsection A of this section;

5. The applicant’s description for the need for the variance, and why it constitutes “good and sufficient cause” for the variance to be granted;

6. The applicant’s description of the hardship that will result to the applicant if the variance is not granted;

7. The applicant’s documentation, through studies, expert reports or other documentation, showing that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws and ordinances.

1. Compliance with all applicable criteria in subsection A of this section;

2. A showing of good and sufficient cause for granting of the variance;

3. Demonstration that the failure to grant the variance would result in exceptional hardship to the applicant;

4. Demonstration that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.