Title 13 BUILDINGS AND CONSTRUCTION
Chapter 13.12 FLOOD DAMAGE PREVENTION
13.12-5.080 Conditions.
Upon consideration of the factors listed above and the purposes of this
chapter, the appeal board may attach such conditions to the granting of
variances as it deems necessary to further the purposes of the ordinance
codified in this chapter. The following conditions shall apply to all
variances:
A. Variances may not be issued when the variance will make
the structure in violation of other federal, state, or local laws, regulations,
or ordinances.
B. Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood hazard, to
afford relief.
C. Variances shall only be issued upon a showing of good
and sufficient cause, a determination that failure to grant the variance would
result in exceptional hardship, and a determination that the granting of a
variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
D. 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 structure is to be built and a written statement
that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation. Such notification shall be
maintained with a record of all variance actions.
E. The local
administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon
request.
F. Variances shall not be issued for unpermitted development or
other development that is not in compliance with the provisions of the ordinance
codified in this chapter. Violations must be corrected in accordance with
subsection 13.12-3.040(E) of this chapter. (Ord. 01-O-06 § 1(part),
2001)
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