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)