33 Miss. Code. R. 208-6.3

Current through June 25, 2024

Rule 33-208-6.3 - Variance Procedures

In passing upon such applications, the Pearl River Valley Water Supply District's Board of Directors shall consider all technical evaluations, relevant factors, and standards specified in other sections of this Regulation, and:

(1) The evaluation must be based on the characteristics unique to that property and not be shared by adjacent parcels. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or its owners;

(2) Variances should never be granted for multiple lots, phases of subdivisions, or entire subdivisions;

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

(4) The danger of life and property due to flooding or erosion damage;

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

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

(7) The necessity of the facility to be at a waterfront location, where applicable;

(8) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

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

(10) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

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

(12) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site, and;

(13) 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 and culverts.

(14) Upon consideration of factors listed above, and the purpose of this Regulation, the Board of Directors of the Pearl River Valley Water Supply District may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Regulation.

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

33 Miss. Code. R. 208-6.3

Miss. Code Ann. § 51-9-127 (Rev. 2000)

Amended 9/19/2022