A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. No variance shall be issued based on floodproofing until the Applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation, and meet current FEMA criteria for floodproofing.

A variance 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 base flood level, in conformance with the procedures of Subsections § 7.18143 through § 7.18146. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

A variance shall only be issued upon
(i) a showing a good and sufficient cause,
(ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and
(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, the creation of a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

The applicant shall be notified in writing over the signature of the Administrator that
(i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 or $100 of insurance coverage and
(ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained by the Administrator as required in § 7.18146.

The Administrator shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Federal Insurance Administrator.

A variance may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of § 7.18141 through § 7.18144 are met, and (ii) 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.

A variance may be issued for the repair or rehabilitation of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances are further covered in the SLDC at § 4.9.7 Variances.

See § 7.18: FLOOD PREVENTION AND FLOOD CONTROL for complete, detailed information.