§ 15-7.3. Conditions for variances.  


Latest version.
  • a. 

    Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items 1 through 11 enumerated in subsection 15-7.2, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

    b. 

    Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places of the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

    c. 

    Variances shall not be issued within any designated floodway if the increase in flood levels during the base flood discharge would result in more than 0.2 of a foot.

    d. 

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

    e. 

    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 to the applicant, 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 nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

    f. 

    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Ord. No. 0-19-82 § 9C