(A) General. The provisions of this section shall apply exclusively to areas of special flood hazard.
(B) Board of Zoning Appeals.
(1) The Town of Collierville Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this subchapter.
(2) Variances may be issued for the repair or rehabilitation of historic structures (see definition) 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 to preserve the historic character and design of the structure.
(3) In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this subchapter and:
(a) The danger that materials may be swept onto other property to the injury of others;
(b) The danger to life and property due to flooding or erosion;
(c) The susceptibility of the proposed facility and its contents to flood damage;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(h) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and sediment transportation of the flood waters and the effects of wave action, if applicable, expected at the site; and
(j) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets and bridges.
(4) Upon consideration of the factors listed above, and the purposes of this subchapter, the Board of Zoning Appeals may attach such conditions to the granting of variance as it deems necessary to effectuate the purposes of this subchapter.
(5) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(C) Conditions for variances.
(1) Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the issuance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.
(2) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the base flood level increases risks to life and property.
(4) The Development Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(`00 Code, § 11-706)