A. Generally, variances may be issued for new construction, substantial improvements, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of sections 13-1-4 and 13-1-5 of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in section 13-1-2 of this chapter) 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.
C. Variances shall not be issued within any mapped regulatory 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. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city of Ely need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposed, but only to that elevation which the city of Ely believes will both provide relief and preserve the integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional "hardship" (as defined in section 13-1-2 of this chapter) to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance ("public safety/nuisance" as defined in section 13-1-2 of this chapter), cause fraud or victimization (as defined in section 13-1-2 of this chapter) of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use, provided that the provisions of subsections A, B, C, D, and E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
G. Upon consideration of all the factors of this section and the purposes of this chapter, the city of Ely may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 624, 2-14-2008)
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