§ 11-17. Standards for variance.

(a)

No variance shall be granted for the development of new structures, the substantial improvement or relocation of old structures, or development of any kind within the floodway area when such development, construction, improvement or relocation would cause any increase in flood levels associated with the base flood.

(b)

The following four (4) criteria must be met in addition to those stipulated in chapter 28 of this Code, before a variance can be granted.

(1)

A sufficient cause for granting the variance must be shown.

(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 levels, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with the purpose of this chapter.

(4)

A determination that the variance is the minimum necessary to afford relief.

(c)

Upon application for a variance for construction below the elevation of the intermediate regional flood, the building inspector shall notify the applicant for variance in writing that:

(1)

Issuance of a variance to construct a structure below the elevation of the base flood will result in increased premium rates for flood insurance commensurate with the increased risk resulting from the reduced lowest flood elevation, and that

(2)

Such construction below the elevation of the base flood increases risk to life and property.

Record of such notification shall be maintained along with records of all variance actions dealing with floodplain development.

(Code 1977, § 5.717)