§ 15.36.180. Variance

A. Where by reason of exceptional narrowness, shallowness, shape or topography, or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this chapter would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the board of adjustment may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided that such a variance may be granted if:

1. The structure is to be erected on a lot of one-half acre or less in size and such lot is contiguous to and surrounded by lots with existing structures constructed below the regular flood protection elevation; or

2. The structure is listed on the National Register of Historic Places or the State Inventory of Historic Places to be restored or reconstructed.

B. Variances shall not be issued except 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;

3. A determination that the variance issuance 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 or state laws or ordinances.

C. Variances may only be issued upon a determination that the applicant requesting a variance shall meet the minimum necessary standards of this chapter to afford relief.

D. A community will notify the applicant that the issuance of a variance to locate a structure at an elevation below the one hundred (100) year flood level will result in increased actuarial rates for flood insurance coverage.

(Ord. 8707 § 1 (part), 1987: prior code § 16-308)