Section 455-1-006 - Variances and Exceptions Variances and exceptions to the rules in this Chapter may be granted by the responsible authority subject to the following conditions.
006.01 Except as allowed by subsection 006.02, no variance or exception may be made to the provisions of subsections 004.01 and 005.01.006.02 An exception to subsections 004.01 and 005.01 may be made if the applicant has acquired by land rights purchase, flowage easement, or other legal arrangement the right to increase flood levels on all affected lands.006.03 An exception to subsection 004. 07 may be made if a community complies with the standards for flood proofed residential basements as outlined in Section 60.6(c) of the National Flood Insurance Program Regulations, 44 CFR Chapter 1.006.04 Variances may be issued for the repair or rehabilitation of historic structures 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 this historic character and design of the structure.006.05 Variances or exceptions may otherwise be granted upon (i) a showing of 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 additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other applicable laws or ordinances.006.06 Variances and exceptions shall be granted only upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.455 Neb. Admin. Code, ch. 1, § 006