The Board of Building and Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section. The power of the Board to grant variances shall be subject to the following:
(a) Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c) Variances shall be issued upon proof of all of the following:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increasing flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances causing fraud on or victimization of the public as identified in Section 1351.40
, or conflict with existing laws or ordinances;
(4) A determination that the structure or other development is protected by methods to minimize flood damages; and,
(5) A determination that the variance is the minimum necessary, considering the flood hazard, to avoid relief.
(d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots of existing structures constructed below the base flood level, providing items (a) to (k) in Section 1351.40
have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
(e) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(Ord. 21-O-026. Passed 4-20-21.)