Variances may only be issued if the board makes the following five determinations:
A. A determination that the variance is the minimum necessary to afford relief, considering the flood hazards;
B. A determination of good and sufficient cause;
C. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
D. A determination that the granting of the variance will not create a danger or hazard to persons or property in a regulatory floodplain or erosion hazard area in the area of jurisdiction or result in increased flood heights, additional threats to public safety, the creation of a nuisance, the victimization of or fraud on the public, or that the variance is not in conflict with other local laws or titles; and
E. Special circumstances, such as size, shape, topography, location, or surroundings of the property, would cause strict application of the regulations to deprive the property of the privileges enjoyed by similar property in a regulatory floodplain or erosion hazard area. A variance is subject to conditions to ensure that the variance does not constitute a grant of special privileges inconsistent with the limitations on similar property in the regulatory floodplain.
F. Variances within special flood hazard areas as designated by FEMA shall conform to the variance requirements of the Federal Flood Insurance Program as provided within 44 CFR, 60.6.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999-FC-1 §§ 1 (part) 1999; Ord. 1988-FC2 Art. 17 (B), 1988)