(a)
Generally, variances may be issued for new construction, substantial improvement and
other proposed new development 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 that the procedures of sections 15A-13 and 15A-16 through 15A-25 of this chapter have been fully considered. As the lot size increases beyond one-half
acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of "historic structures"
(as defined in section 15A-5 of this chapter) 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.
(c)
Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(d)
Variances shall only be issued upon a determination that the variance is the "minimum
necessary" (as defined in section 15A-5 of this chapter), considering the flood hazard, to afford relief.
(e)
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"
(as defined in section 15A-5 of this chapter) to the applicant; and (3) 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" (as defined in section 15A-5 of this chapter), cause "fraud or victimization" (as defined in section 15A-5 of this chapter) of the public, or conflict with existing local laws or ordinances.
(f)
Variances may be issued for new construction, substantial improvement and other proposed
new development necessary for the conduct of a functionally dependent use provided
that the provisions of subsections (a) through (e) of this section 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.
(g)
Upon consideration of the factors of subsection 15A-24(c) and the purposes of this chapter, the floodplain administrator may attach such
conditions to the granting of variances as it deems necessary to further the purposes
of this chapter.
