(A) Nothing in this chapter shall be deemed to deny any interested person his or her rights to appeal the decision of the Administrator in accordance with § 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his or her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of Chapter 17 of this title.
(B) Variances specific to § 12-21-11, “Flood Hazard Zones”, of this chapter shall be governed by Chapter 17 of this title and may be granted under the following conditions.
(1) The Appeal Board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this chapter as stated in § 12-21-11(B) of this chapter.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, 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.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. 19(2013) § 3)