17-6-3 Appeals and Request for Variance Considerations.
A. In considering appeals and requests for variance, the Floodplain Board shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this chapter, and also consider:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of 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 that 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 the area encompassing the proposed use;
9. The safety of access to the property in time 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, water system, and streets and bridges.
B. Upon consideration of the factors of subsection (A) of this section and the purposes of this chapter, the Floodplain Board may attach such conditions to the granting of appeals and variances as it deems necessary to further the purposes of this chapter.
C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance, and shall report any such variances that are issued in FEMA regulated floodplains in its biennial report, which is also submitted to the Federal Emergency Management Agency.
D. Any applicant to whom a variance is granted shall be given written notice over the signature of the Floodplain Administrator, or their designee, that:
1. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
2. Such construction below the regulatory flood elevation increases risks to life and property; and
3. The land upon which the variance is granted shall be ineligible for exchange of State land pursuant to the flood relocation and land exchange program provided by ARS § 37-610. A copy of the notice shall be recorded in the office of the Pima County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. A person aggrieved in any manner by an action of the Floodplain Board may within thirty (30) days appeal to the Floodplain Board. ((O)21-06, 11/17/2021; (O)17-04, 04/05/2017; (O)05-35, 10/05/2005)