13.10.290 Conditions for variances.
(A) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the procedures of Articles II and III of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases (44 CFR Section 60.6(a)(2)).
(B) Variances may be issued for the repair, rehabilitation or restoration of structures listed in 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 (44 CFR Section 60.6(a)).
(C) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result (44 CFR Section 60.6(a)(1)).
(D) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief (44 CFR Section 60(a)(4)).
(E) Variances shall only be issued upon (44 CFR Section 60.6(a)(3)):
(1) A showing of good and sufficient cause (44 CFR Section 60.6(a)(3)(i));
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant (44 CFR Section 60.6(a)(3)(ii));
(3) A showing that the 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 13.10.050 in the definition of “Functionally dependent use” (44 CFR Section 60.6(a)(7)); 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, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances (44 CFR Section 60.6(a)(3)(iii)). (Ord. No. 2004-16, § 4, 8-17-04; Ord. No. 2005-18, § 2, 6-21-05; Ord. No. 2015-05, §§ 1 – 4, 7-21-15. 1976 Code § 19-6-3)