A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half (0.5) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of division C and E, and 10-4-4-2. As the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases,
B. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
C. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
E. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
F. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of divisions B through E are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. 666-20, 10-13-2020)