(A) Variances shall only be issued:
(1) Upon 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;
(2) For the repair, rehabilitation or restoration of structures listed on 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.
(3) Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(4) Upon a showing of good and sufficient cause;
(5) Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant;
(6) Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in § 154.004 in the definition of “Functionally Dependent Use.”
(B) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. 01-2007, passed 9-13-2007; Am. Ord. 02-2019, passed 3-14-2019)