(a) A variance shall not be granted within a regulatory floodway where the result would be any increase in flood levels during a base flood discharge, except upon certification by a registered professional engineer or the Department of Natural Resources, that the cumulative effect of the proposed development will not harmfully increase the water service elevation of a base flood. In determining whether a harmful increase will occur, compliance with Public Act 451 of 1994, the Natural Resources and Environmental Protection Act, being M.C.L.A. §§ 324.101 to 324.90106, shall be required, provided that the allowable increase, including the increase used as the design standard for delineating the floodway, shall not exceed one foot.
(b) A variance shall be granted only upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in an exceptional hardship; and
(3) A determination that the granting of the variance will not result in flood heights in excess of those permitted by this chapter, additional threats to public safety, extraordinary public expense, nuisances, fraud on, or victimization of the public, or conflict with existing laws or ordinances.
(c) The variance granted shall be the minimum necessary, considering the flood hazard, to afford relief to the applicant.
(d) The city’s Board of Zoning Appeals may attach conditions to the granting of a variance to ensure compliance with the standards contained in this chapter.
(e) Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the Michigan Historic Markers listing of historic sites, or any other state register of historic places, without regard to the requirements of this section governing variances in flood hazard areas.
(Ord. 220, passed 2-13-1991)