(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the City Council. The City Council may attach conditions to the granting of a variance as it deems necessary to further the intent of this chapter.
(B) No variance shall be granted unless the applicant demonstrates that:
(1) The development activity cannot be located outside the SFHA;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; and
(6) The provisions of § 152.06(D) of this code are met.
(C) The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of § 152.08 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to amounts that may be as high as $25 for $100 of insurance coverage;
(2) Increase the risks to life and property;
(3) Require that the applicant proceed with the knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability; and
(4) Variances to the building protection requirements of § 152.08 of this code requested in connection with the reconstruction, repair, or alteration of a site or building included on the National Register of Historic Places or the State Register of Historic Places may be granted using criteria more permissive than the requirements of divisions (B)(1) - (B)(5) of this section.
(1983 Code, § 8.5-9) (Ord. 2549, passed 11-9-1989) Penalty, see § 152.99