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Section 7 -9 -232 Floodway fringe is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted. Section 7 -9 -233 Fraud and victimization as related to Article 6, Variance Procedure, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City of San Leandro will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one- hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood, damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. Section 7 -9 -234 Functionally dependent use means a use which can not perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only clocking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long -term storage or related manufacturing facilities. Section 7 -9 -235 Governing body is the local governing unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Section 7 -9 -236 Hardship as related to Article 6, Variance Procedure, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City of San Leandro requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Section 7 -9 -237 Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Section 7 -9 -238 Historic stricture means any structure that is listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the 7