§ 700-50. Variances.

700-50.1   Variance Procedures.

A.

Requests for variances from the requirements of Chapter 700 shall be submitted to the Department. All such requests shall be heard and decided in accordance with the procedures outlined in the Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications and as set forth by the O.C.G.A. § 5-4-1 when certiorari shall lie. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

B.

Any person adversely affected by any decision of a request for variance shall have the right to appeal the decision to the Board of Construction Adjustments and Appeals in their normal course of business. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

700-50.2   Evaluation of Variance Requests.

A.

In passing upon variance applications for relief from the provisions of Chapter 700, all technical evaluations, all relevant factors, all standards specified in other sections of this Chapter, and the items listed in the Gwinnett County Stormwater Systems and Facilities Installation Standards and Specifications shall be considered;

B.

Upon consideration of the factors listed in the Stormwater Systems and Facilities Installation Standards and Specifications, and the stated purposes of Chapter 700, such conditions to the granting of a variance as the Board of Construction Adjustments and Appeals deems necessary or appropriate, consistent with the purposes of this Sections may be attached to the variance;

C.

Variances shall not be approved within any designated floodway if any increase in flood levels outside the boundaries of ownership of the property being developed or drainage easement during the future conditions or the base flood discharge would result.

D.

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of Chapter 700 are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

E.

Any person requesting a variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as deemed necessary to the consideration of the request.

F.

Variances shall not be issued "after the fact."

700-50.3   Historic Structures. Variances from the requirements of Chapter 700 may be approved for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation, and provided further that the requirements of Section 700-50.4 herein are met.

700-50.4   Conditions for Variance Approval.

A.

Variances shall only be approved upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

B.

Variances shall only be issued upon a finding of the following:

1.

A showing of good and sufficient cause.

2.

A determination that failure to grant the variance would result in exceptional hardship.

3.

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

C.

No variance from the provisions of Chapter 700 may be approved which would allow a structure or use of land otherwise prohibited in the flood hazard area under the provisions of Title 2 of this UDO.

D.

Any person to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

700-50.5   Records and Reports. The Department shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Ord. No. UDOA2015-00001(GCID No. 2015-0360), 4-28-15)