§ 152.116 CONDITIONS FOR VARIANCE.

   No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:

   (A)   The development activity cannot be located outside the SFHA;

   (B)   An exceptional hardship would result if the variance were not granted;

   (C)   The relief requested is the minimum necessary;

   (D)   There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;

   (E)   There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operation, policing, or repairs to stream beds and banks, road, utilities, or other public facilities;

   (F)   The provisions of §§ 152.017 and 152.069 shall still be met;

   (G)   The activity is not in a regulatory floodway;

   (H)   The applicant’s circumstances are unique and do not represent a general problem;

   (I)   The granting of the variance will not alter the essential character of the area involved including existing stream uses; and

   (J)   All other required state and federal permits or waivers have been obtained.

(Ord. 3187, passed 1-22-19)