(A) No variances shall be granted to any development located in a designated floodway, as defined in § 157.02 of this chapter.
(1) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Planning and Zoning Board of Appeals of the city for a variance.
(2) The Planning and Zoning Board of Appeals of the city shall review the applicant’s request for a variance and shall submit its recommendation to the City Council, which may attach such conditions to granting of a variance as it deems necessary to further the flood protection intent of this chapter.
(B) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(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, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;
(5) There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing or repairs to streambeds and banks, roads, utilities or other public facilities;
(7) The activity is not in a designated floodway;
(8) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP;
(9) The granting of the variance will not alter the essential character of the area involved including existing stream uses; and
(10) All other required state and federal permits or waivers have been obtained.
(C) The city shall notify an applicant in writing that a variance from the requirements of § 157.23 of this chapter that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to amounts as high as $25 per $ 100 of insurance coverage;
(2) Increase the risks to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing the assumption of the risk and liability.
(D) Variances requested in connection with restoration of a historic site or historic structure, as defined in § 157.02 of this chapter, may be granted using criteria more permissive than the requirements of divisions (B) and (C) above, subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Ord. 08-O-1929, passed 8-6-2008)