1351.07 VARIANCES AND EXCEPTIONS.
   (a)   A zoning certificate shall be required for all construction and development in the flood plain and other applicable conditions, as stated in Section 1331.03, “Application of Regulations.”
   (b)   The Building Inspector shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law.
   (c)   Procedures for the granting of variances by the Board of Zoning Appeals are as follows:
      (1)   Variances shall not be issued by the Board within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
      (2)   Variances may be issued by the Board 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, in conformance with the procedures of subsections (c)(3), (4), (5) and (6) hereof.
      (3)   Variances shall only be issued by the Board upon:
         A.   A showing of good and sufficient cause,
         B.   A determination that failure to grant the variance would result in exceptional hardship to the applicant, 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 on or victimization of the public, or conflict with existing local laws or ordinances;
      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
      (5)   The Board shall notify the applicant in writing over the signature of the Building Inspector that:
         A.   The issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance and,
         B.   Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (c)(6) hereof;
      (6)   The Board shall:
         A.   Maintain a record of all variance actions, including justification for their issuance, and
         B.   Report such variances issued in its annual or biennial report submitted to the Building Inspector; and
      (7)   Variances may be issued by the Board for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
         A.   The criteria of subsections(c)(1) - (4) hereof are met, and
         B.   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.