j.
Variance Procedures
The Board of Adjustment shall hear and decide request for variances from the requirements of the Flood Damage Prevention Regulations.
(1) Circumstances for Consideration : A variance may be issued in the following circumstances:
A. Repair or Rehabilitation of Historic Structures . The repair or rehabilitation of historic structures, upon the determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure, and that the variance is the minimum necessary to preserve the historic character and design of the structure. B. Functionally Dependent Facilities . Functionally dependent facilities, if determined to meet the definition as stated in Article S Interpretations & Definitions, §9-1901 General Definitions of the Land Development Ordinance, provided provisions of §9-1401 Flood Damage Prevention Regulations, j. Variance Procedures, (9) have been satisfied, and such facilities are protected by methods that minimize flood damages.
C. Other Types of Development . Any other type of development provided it meets the Flood Damage Prevention Regulations stated in this Section.
D. Minimum Necessary . Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. Prior to Development . Variances shall only be issued prior to development permit approval.
F. Variances Shall Only be Issued Upon:
i. Good Cause . A showing of good and sufficient cause.
ii. Exceptional Hardship . A determination that failure to grant the variance would result in exceptional hardship.
iii. No Increased Flood Impact . A determination that granting of a variance will not result in increased flood heights, additional threats to public safety, or
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