(A) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section.
(B) Variances shall not be issued within any designated 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.
(D) 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 the victimization of the public, or conflict with existing local laws.
(E) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided the provisions of this section are satisfied and the structure or other development is protected by methods which minimize flood damages during the base flood and create no additional threat to the public safety.
(F) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risks to life and property resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Commission in the office of the County Recorder and shall be recorded in a manner so that the notice appears in the chain of title of the affected parcel of land.
('66 Code, § 9-4.2013) (Ord. 708-C-S, passed 5-12-88)