§ 82-28.1204. Conditions for variances.

(1)

Variances may be issued for the reconstruction, rehabilitation or restoration of "historic structures" upon a determination that the proposed restoration or rehabilitation will not preclude the structures continued designation as an historic structure and the minimum necessary variance is to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section.

(2)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Variances shall only be issued 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.

(5)

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 Section 82-28.1204(1) - (4) 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.

(6)

Any applicant to whom a variance is granted shall be given written notice over the signature of the floodplain administrator that:

(a)

The issuance of a variance to construct a structure below the base flood level will result in significantly increased premium rates for flood insurance. Insurance premiums as high as $25.00 for $100.00 of insurance coverage are possible; and

(b)

Such construction below the base flood level increases risks to life and property. It is required that a copy of the notice shall be recorded by the floodplain administrator in the office of the county recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).