§ 18-116. Conditions for variances.

(a)

Generally, variances may be issued for new construction, subsequent improvements, and substantial improvements to be erected or placed on a lot of one-half acre or less in size contiguous to and surrounded on all sides by lots with existing structures constructed below the base flood elevation, providing the procedures and provisions of this article, including, without limitation, divisions 2 and 3 of this article, together with section 18-115(c), have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(b)

Variances may be issued for the repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

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

(d)

Variances shall not be issued within any designated floodway if there would be a probable adverse impact to person or property.

(e)

Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard.

(f)

Variances shall only be issued when the applicant establishes:

(1)

A showing of good and sufficient cause;

(2)

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

(3)

A showing that the proposed use or use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in section 18-25 in the definition of the term "functionally dependent use"; and

(4)

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

(g)

Any variance granted shall contain written notice over the signature of a community official 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 $25.00 for every $100.00 of insurance coverage.

(2)

Such construction below the base flood elevation increases risks to persons, including body, life, and property.

( Ord. No. 2000-00 , § 6.3, 11-6-2000; Ord. No. 2014-01 , § 6, art. 3, 5-19-2014)