Skip to code content (skip section selection)
(a) Variances may only be issued where due to physical characteristics of the property compliance with the requirements of these regulations creates an exceptional hardship. Increased cost or inconvenience of meeting the requirements of these regulations do not constitute an exceptional hardship.
(b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Generally, variances may be issued for new construction and substantial improvements 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 § 1234.01(d) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(e) 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 a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(f) Variances shall 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;
(3) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public as identified in § 1234.01(d), or conflict with existing local laws or ordinances; and
(4) A determination that the structure or other development is protected by methods to minimize flood damages.
(g) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 672, passed 12-18-2000)