§ 7. VARIANCE PROCEDURES

7.1. The flood and erosion commission as established by Bristol City Council shall hear and decide appeals and requests for variances from the requirements of this ordinance.

7.2. The flood and erosion commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city engineer in the enforcement or administration of this ordinance.

Any decision of the city engineer may be appealed on a form provided by the city engineer to the Bristol Flood and Erosion Commission within seven (7) calendar days of the date of publication as provided for in section 4.2.1(j), the date of said publication being excluded in the calculation of said seven (7) days. Any such appeal shall stay the decision of the city engineer. Until such time as it may be upheld, overruled, modified, or otherwise changed by said commission. All decisions on appeals shall be conveyed to the applicant in writing by certified mail.

7.3. Any person aggrieved by the decision of the flood and erosion commission or any person owning land which abuts or is within a radius of one hundred feet (100) of the land in question may appeal within fifteen (15) days after such decision to the State Superior Court of Hartford County, as provided in Section 8-8 of the General Statutes.

7.4. Specific situation variances:

7.4.1. Building on an historic register. Variances "may" be issued 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 the remainder of this section, except for section 7.5.4.(a) through 7.5.4.(d), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical character.

7.4.2. Pre-existing, small lot location. Variances "may" be issued by a community for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with section 7.5.4.(a) through 7.5.4.(d).

7.4.3. Functional dependant uses. Variances "may" be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of section 7.5.4.(a) through 7.5.4.(d).

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

7.5. Considerations for granting of variances:

7.5.1. In passing upon such applications, the flood and erosion commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

(a)

The danger that materials may be swept onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The necessity of the facility to waterfront location, in the case of a functionally dependent facility;

(f)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g)

The compatibility of the proposed use with existing and anticipated development;

(h)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(i)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and;

(k)

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.

Upon consideration of the factors listed above, and the purposes of this ordinance, the flood and erosion commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

7.5.2, 7.5.3. [ Reserved.]

7.5.4. Conditions for variances:

(a)

Variances shall only be issued 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 as not to destroy the historic character and design of the building;

(b)

Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship, and (3) a determination that the granting of a 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)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.

(d)

The city engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(e)

No variance may be issued within a regulatory floodway that will result in any increase in the 100-year flood levels. A variance may be issued for new construction, substantial improvements and other development necessary for the conduct of a "functionally dependent use" provided that there is good and sufficient cause for providing relief; and the variance does not cause a rise in the 100-year flood level within a regulatory floodway. The structure and other development must be protected by methods that minimize flood damages.

7.6. Penalties for violation. Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than two hundred fifty dollars ($250.00) per day if proven done willfully and one hundred dollars ($100.00) per day if not, or imprisoned for not more than ten (10) days for each day of violation, or both, and in addition, shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the City of Bristol from making such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 8-12-08)