(a) Where application is filed. An application for a modification from the requirements of this title shall be filed with the Office of Planning and Zoning if it relates to roads, utilities, storm drains, stormwater structures, stream restoration, or other infrastructure proposed in the subdivision process. Otherwise, the application shall be filed with the Department.
(b) Contents. An application for a modification to Planning and Zoning shall be done in accordance with § 17-2-108 of this Code. A modification application to the Department shall:
(1) set forth good cause accompanied by an engineering analysis;
(2) demonstrate that no reasonable alternative exists outside the floodplain district;
(3) explain the non-economic hardship to the applicant if relief is not granted; and
(4) demonstrate that the grant of a modification will not result in increased flood heights.
(c) Determination. The County may not grant a modification until it has received comments and a copy of any required modification or variance from the State. The County may grant a modification, with or without conditions, if it determines that:
(1) the applicant has demonstrated good cause;
(2) no reasonable alternative exists outside the floodplain district;
(3) a failure to grant the modification would result in non-economic hardship to the applicant;
(4) the granting of the modification will not result in increased flood heights, a threat to public safety, extraordinary public expense, a nuisance, a fraud on or victimization of the public, or a conflict with State or County law; and
(5) the modification is consistent with sound management and is the minimum necessary, considering the flood hazard, to afford relief.
(d) Prohibited modifications. A modification to the provisions contained in § 16-2-202(f) and (g) relating to development in coastal high hazard areas and floodways is prohibited. A modification to the requirement that the lowest floor of a new or substantially improved residential structure be elevated to the flood protection elevation is prohibited.