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A. Variances shall only be issued:

1. Upon 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;

2. For the repair, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the Arizona Register of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structures’ continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

3. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

4. Upon a showing of good and sufficient cause;

5. Upon a determination that failure to grant the variance would result in hardship to the applicant;

6. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in this chapter under "functionally dependent use."

B. Variances shall not be issued within any floodway if any increase in the base flood elevation would result.

C. Variances may be issued for new construction and substantial improvements 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 regulatory flood elevation, provided the procedures 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. (Ord. No. G-5707, 2012; Ord. No. G-6611, 2019; Ord. No. G-7116, § 2, 2023)