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The department or the hearing examiner may approve or approve with conditions a flood hazard area variance request when the following criteria are met:

(1) There are special circumstances applicable to the subject property or to the intended use, such as shape, topography, location, or surroundings, that do not apply generally to other properties or classes of use in the same vicinity and zone;

(2) The granting of such variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity and zone in which the subject property is located;

(3) For residential new construction and residential substantial improvements, that such construction and improvements are contained on a lot one-half acre or less in size which is contiguous to and surrounded by existing structures constructed below the base flood elevation;

(4) Such a variance is the minimum necessary, considering the flood hazard, to afford relief;

(5) Failure to grant the variance would result in exceptional hardship to the applicant;

(6) The granting of such a variance will not result in:

(a) Increased flood heights;

(b) Additional threats to public safety;

(c) Extraordinary public expense;

(d) Creation of nuisances;

(e) Fraud on, or victimization of the public; and

(f) Conflicts with other existing local laws or ordinances;

(7) Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question; and

(8) The granting of such variance will not adversely affect the comprehensive plan. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).