§ 153.29 VARIANCE SPECIAL PROVISIONS.
   (A)   Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this chapter.
   (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 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.
   (D)   Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally-dependent use, provided that:
      (1)   The criteria of § 153.28(E) and (I) of this chapter and divisions (B) and (C) of this section are met; and
      (2)   The structure or other development is protected by methods which minimize flood damage during the base flood and create no additional threats to public safety.
(Prior Code, § 12-215) (Ord. 2010-07, passed 1-11-2011)