§ 152.067 CONDITIONS FOR VARIANCES.
   (A)   Variances may be issued for the repair, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, 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 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 victimization of, the public or conflict with existing local laws or ordinances.
   (E)   Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
      (1)   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
      (2)   The construction below the regulatory flood elevation increases risks to life and property.
   (F)   The notification shall be maintained with a record of all variance actions as required in § 152.065(E). The notice will also state that the land upon which the variance is granted shall be ineligible for exchange of land pursuant to any flood relocation and land exchange program. A copy of the notice shall be recorded by the Floodplain Board in the office of the Yavapai County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Ord. 2019-863, passed 1-8-2019)