Under the terms of this article, an activity needing a floodplain variance is defined as any proposed activity in a flood hazard area not considered as either a permitted use or special permit use in this article. All requests for floodplain variances shall follow the same procedures as outlined above for an appeal of the City Engineer's decision, and shall first include review of the request by the City Engineer. Further review of a floodplain variance request shall be referred to the Floodplain Appeals Committee as established herein. The following shall apply to floodplain variance requests.
(a) Floodplain variances may be issued for the reconstruction, rehabilitation or restoration of historic structures, as defined herein; provided that the Committee finds that the floodplain variance is the minimum necessary so as to not destroy the historic character and design of the building; and that such reconstruction, rehabilitation or restoration will not result in the structure losing its historical designation.
(b) In its review of floodplain variance applications, the Committee shall consider all technical evaluations, all relevant factors, and all standards specified in other sections of this article. In consideration of such factors and the purposes of this article, the Committee may attach such conditions to the granting of floodplain variances as it deems necessary to further the purposes of this article.
(c) Floodplain variances shall not be issued within any designated floodplain if any increase in flood levels during the regulatory flood would result.
(d) Floodplain variances shall only be issued upon a determination that the floodplain variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Floodplain variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the floodplain variance would result in exceptional hardship; a determination that the granting of a floodplain variance will not result in extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(f) Any applicant to whom a floodplain variance is granted shall be given written notice by the Codes Enforcement Officer of Planning, specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. No. 1675, 2-28-05)