If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the City may, upon request, grant relief from the strict
application of the requirements.
Requests for variances shall be considered by the City in accordance with the procedures contained in §
124-16 and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the base flood elevation.
B. No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
C. Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article
V) or to development which may endanger human life (§
124-27).
D. No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
E. If granted, a variance shall involve only the least modification
necessary to provide relief.
F. In granting any variance, the City shall attach whatever reasonable
conditions and safeguards it considers necessary in order to protect
the public health, safety, and welfare, and to achieve the objectives
of this chapter.
G. Whenever a variance is granted, the City shall notify the applicant
in writing that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
H. In reviewing any request for a variance, the City shall consider,
at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the variance will neither result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense, nor create nuisances, cause
fraud on or victimize the public, or conflict with any other applicable
state or local ordinances and regulations.
I. A complete record of all variance requests and related actions shall
be maintained by the City. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency.
J. Not withstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the base flood.