G105.7 Conditions for issuance.

Except for historic structures as provided for in Section G105.3, the Board of Standards and Appeals is authorized to issue a variance where all of the following criteria are met:

   1.   A technical showing of good and sufficient cause that the characteristics of the size, configuration or topography of the site renders the standards inappropriate;

   2.   A determination that failure to grant the variance would result in exceptional hardship to the applicant for the variance;

   3.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;

   4.   A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

   5.   Notification to the applicant in writing over the signature of the Executive Director of the Board of Standards and Appeals that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property; and

   6.   A determination that the new construction, substantial improvement, or other proposed development is located on a tax lot that, on November 16, 1983, was no more than 1/2 acre (0.2 hectare) in size. However, where the tax lot has been determined to be larger than 1/2 acre (0.2 hectare), the technical justification required for issuing the variance increases with the lot size.

Section BC G106: Certificates of Occupancy

G106.1 Applicability.

This section shall apply to post-FIRM construction and substantial improvements where the work results in the issuance of a new or amended certificate of occupancy.

G106.2 Enclosed areas subject to flooding in A-Zones.

The certificate of occupancy shall describe all enclosed areas below the design flood elevation that are subject to flooding and that meet the requirements of this appendix for wet floodproofing as "wet floodproofed, subject to flooding". The certificate of occupancy shall indicate the use of wet floodproofed spaces as either parking, storage, building access or crawl spaces. The certificate of occupancy shall be issued with the following restriction: "Levels subject to flooding shall not be used for any other use except as stated on this certificate."