ORD 1951 - Laserfiche WebLink

17.08.210 Variance -Conditions. A. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. B. Variances shall not be issued within any designated floodway if any increase in flood levels during base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. 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 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, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. E. 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 Sections 17.08.210A through 17.08.210D 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. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator/City Engineer 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. (Ord. 1374 § 2 (part), 1989) 17.08.220 Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1374 § 2 (part), 1989)