(A) Variances may be granted in accordance with 44 C.F.R. § 60.6(a) and this chapter for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(B) Variances cannot be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(C) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) Variances can 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; and
(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 local laws or ordinances.
(E) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of divisions (A) through (D) of this section are satisfied and that 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.
(F) Any applicant to whom a variance is granted must be given written notice, over the signature of the Floodplain Administrator, that issuing a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. A copy of the notice must be recorded by the Floodplain Administrator in the office of the County Recorder and be recorded in a manner so that it appears in the claim of title of the affected parcel of land.
('81 Code, § 15.44.220) (Ord. 906, passed - -88; Am. Ord. 1037, passed 8-7-00; Am. Ord. 1202, passed 5-4-09)