(a) No variance shall be granted for the development of new structures, the substantial improvement or relocation of old structures or development of any kind within the floodway area when such development, construction, improvement or relocation would cause any increase in flood levels associated with the intermediate regional flood.
(b) The following four criteria must be met before a variance can be granted:
(1) A sufficient cause for granting the variance must be shown.
(2) There must be a determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3) There must be a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with this chapter.
(4) There must be a determination that the variance is the minimum necessary to afford relief.
(c) Upon application for a variance for construction below the elevation of the intermediate regional flood, the City shall notify the applicant for the variance in writing that:
(1) Issuance of a variance to construct a structure below the elevation of the intermediate regional flood will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest flood elevation.
(2) Such construction below the elevation of the intermediate regional flood increases risk to life and property.
Records of such notification shall be maintained along with records of all variance actions dealing with flood plain development.
(Ord. 78-7. Passed 9-25-78.)