1310.12 VARIANCE CONDITIONS.

   (a)    Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots With existing structures constructed below the base flood level, providing the items in Section 1310.11(d) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

   (b)   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 section.

   (c)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

   (d)   Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief.

   (e)   Variances only to 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 shall not result in increased flood heights, beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the "public as identified in Section 1310.11(d), or conflict with existing local laws or ordinances.

   (f)   Any applicant to whom a variance is granted shall be given written notice that the structure shall be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance shall be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 52-2009. Passed 6-8-09.)