Variances may be issued for new construction and substantial improvements for the conduct of a functionally dependent use. A functionally dependent use cannot perform its intended purpose unless it is located or carried out in close proximity to water. It includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. The variance may be issued only upon sufficient proof of the functional dependence. The provisions of §§ 151.101 and 151.102 must be met and the structure must be protected by methods that minimize flood damage up to the flood protection elevation and must create no additional threats to public safety. This may require methods of “wet floodproofing” which allow the structure to flood without significant damage. Methods of floodproofing must not require human intervention.
(Ord. —, passed 10-22-1991; Am. Ord. —, passed 8-20-2013)