§ 153.095 VARIANCE PROCEDURE.
   (A)   The Board of County Commissioners shall hear and render judgment on requests for variances from the requirements of this chapter only after a floodplain development permit has been denied.
   (B)   The Board of County Commissioners shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
   (C)   The Floodplain Administrator shall request an opinion letter from the Federal Emergency Management Agency and the State Office of Emergency Management prior to hearing any variance or appeal.
   (D)   The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance.
   (E)   Upon consideration of the factors noted and the intent of this chapter, the Board of County Commissioners may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.
   (F)   Any applicant to whom a variance is granted shall be given written notice of the variance and the conditions thereof, that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 2106-34, passed 6-22-2021)