(a) A variance shall not be granted within a regulatory
where the result would be any increase in flood levels during a
discharge, except upon certification by a registered professional engineer or the Department of Natural Resources, that the cumulative effect of the proposed
will not harmfully increase the water service elevation of a
. In determining whether a
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,
be required, provided that the allowable increase, including the increase used as the design standard for delineating the
, shall not exceed one foot.
(b) A variance
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
be the minimum necessary, considering the flood hazard, to afford relief to the applicant.
(d) The city’s Board of Zoning Appeals
attach conditions to the granting of a variance to ensure compliance with the standards contained in this chapter.
(e) Variances
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
register of historic places, without regard to the requirements of this section governing variances in flood hazard areas.
(Ord. 220, passed 2-13-1991)