Rule 33-208-6.4 - Conditions for Variances(1) Variances shall only be issued when there is:a.) A showing of good and sufficient cause;b.) A determination that failure to grant the variance would result in exceptional hardship, and;c.) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or Regulations.(2) The provisions of this Regulation are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this Regulation, considering the flood hazard, to afford relief. In the instance of a Historic Structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (See Part 208, Rule 6.6)(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.(4) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and Mississippi Emergency Management Agency upon request. (See Part 208, Rule 6.5.)(5) Upon consideration of the factors listed above and the purposes of this Regulation, the Board of Directors of the Pearl River Valley Water Supply District may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Regulation.(6) Variances shall not be issued "after the fact."33 Miss. Code. R. 208-6.4
Miss. Code Ann. § 51-9-127 (Rev. 2000)