§ 7-5.801. Conditions for variances.

(a)

Variances may be issued for the repair or rehabilitation of "Historic Structures" 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.

(b)

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

(c)

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Floodplain Administrator need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Floodplain Administrator believes will both provide relief and preserve the integrity of this chapter

(d)

Variances shall only be issued upon all of the following:

(1)

A showing of good and sufficient cause, which does not include economic considerations, aesthetics, or past practices;

(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 a fraud upon the public, or conflict with existing local laws or ordinances.

(e)

Upon consideration of the factors of Section 7-5.802 and the purposes of this chapter, the Planning Commission, acting as the Variance Board, may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)