§ 154.66  VARIANCE PROCEDURES AND CONDITIONS.
   (A)   In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
      (1)   The danger of life and property due to flooding or erosion damage;
      (2)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      (3)   The importance of the services provided by the proposed facility to the community;
      (4)   The necessity to the facility of a waterfront location, where applicable;
      (5)   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
      (6)   The compatibility of the proposed use with existing and anticipated development;
      (7)   The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
      (8)   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      (9)   The expected height, velocity, duration, rate of rise and sediment of transport of the flood waters at the site; and
      (10)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
   (B)   (1)   Variances shall only be issued when there is:
         (a)   A showing of good and sufficient cause;
         (b)   A determination that failure to grant the variance would result in exceptional hardship; and
         (c)   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 or victimization of the public or conflict with existing laws or ordinances.
      (2)   No variance for a residential use within a floodway subject to §§ 154.34 and 154.36(A) of this chapter may be granted.
      (3)   Any variance granted in a floodway subject to §§ 154.34 and 154.36(A) of this chapter will require a permit from the State Department of Natural Resources.
      (4)   Variances to the provisions for flood hazard reduction of § 154.31 of this chapter may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the FPG.
      (5)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (6)   Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
      (7)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (See § 154.67 of this chapter.)
      (8)   The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the State Department of Natural Resources upon request. (See § 154.67 of this chapter.)
(Ord. 2010-7, passed 12- -2010)