§ 1042. Criteria and conditions for variances.

The provisions of this article are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. In reviewing requests for variances, the board of adjustment shall consider all technical evaluations, relevant factors, and the following standards in addition to others in this UDC. A variance shall be issued only when consistent with the following criteria and conditions:

(a)

A finding of good and sufficient cause is made.

(b)

A determination is made that failure to grant the variance would result in exceptional hardship.

(c)

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

(d)

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

(e)

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

(f)

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 to preserve the historic character and design of the structure. In the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(g)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this UDC are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(Ord. No. 17-003 , § 1, 10-2-2017)