(A) Generally, variances may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(B) 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 an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(C) Variances shall not be issued within any regulatory floodway except as provided in § 26.5-8.
(D) Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement or to encroachment restrictions, this means the Appeals Board need not grant permission for the applicant to build at any particular grade or to encroach to the extent requested, but only to that elevation or extent which the Appeals Board believes will both provide relief and preserve the integrity of this chapter.
(E) Variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create a nuisance, cause fraud or victimization of the public or conflict with existing local laws or ordinances.
(F) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of divisions (A) through (E) above are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(G) Upon consideration of the factors of division (B) above and the purposes of this chapter, the Planning Commission or the City Council may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(`61 Code, § 26.6-3) (Ord. 913, passed 4-18-2000)