§ 35-F135. Variance Procedures.

(a)

The planning commission shall consider requests for variances from the requirements of these regulations. Variance requests shall be processed as follows:

(1)

For cut and/or fill, building, building permits, or establishment of a mobile home site, the applicant shall present the disapproved permit to the director of development services together with information as to why the variance should be granted. The commission will then hear the request as soon as practical.

(2)

For subdivision plats, the applicant may submit the disapproved permit and the request for variance prior to plat submission or in conjunction with other data required for the platting process. This request shall be handled similar to subsection (a)(1) above. If the applicant chooses to submit the disapproved permit as part of the plat submission process, then the variance request shall be handled similar to other variances requested under division 10, except that criteria for the floodplain variance shall be governed by this section.

(3)

The director of development services shall notify the floodplain administrator of the applicant's request for variance and shall furnish him with copy of the request together with the applicant's statement of facts that he feels warrant the granting of the variance. The floodplain administrator shall reply in writing as to his evaluation of the applicant's request and make a recommendation as to approval or denial of the variance request.

(4)

The director of development services shall notify the floodplain administrator of the decision of the planning commission. If the commission approves the request, the permit will be issued with the variance and with any special conditions that are attached to the variance.

(5)

The planning commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this ordinance.

(b)

Any person or persons aggrieved by the decision of the planning commission may appeal such decision in the courts of competent jurisdiction.

(c)

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(d)

Variances, without regard to the procedures set forth in the remainder of this section, may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Sites and Places or the Texas State Historic Survey List or the City of San Antonio Landmark List.

(e)

Upon consideration of the factors noted above and the intent of this ordinance, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives stated in section 35-F104.

(f)

Variances shall not be issued within any floodplain if any increase in flood levels during the regulatory discharge would result, unless the increase in flood levels are contained within a dedicated drainage easement on the requestor's property.

(g)

Variances may be granted by the commission only upon a finding that:

(1)

The variance is the minimum necessary, considering the flood hazard, to afford relief;

(2)

There is good and sufficient cause;

(3)

Failure to grant the variance will result in exceptional hardship to the applicant; and

(4)

The variance will not result in increased flood heights, cause an additional threat to public safety, result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(h)

Any applicant to whom a variance or variances are granted shall be given written notice of the specific parts of the Floodplain Ordinance for which variances were granted and that the cost of flood insurance will be commensurate with the increased risk resulting from the granting of the variance.

(Ord. No. 95415 § 1 Attachment A) (Ord. No. 2010-10-14-0894, § 2, 10-14-10)