Variances from the requirements of the Flood Plain Overlay District may be granted by the Board of Zoning Appeals provided they are in accordance with sound floodplain management as determined by the Federal Emergency Management Agency; therefore, variances shall be subject to review by the Federal Emergency Management Agency and provided that the following conditions are fulfilled by the applicant in addition to the requirements of Article 1329.
(a) A determination, within the Floodplain subdistricts, the granting of an appeal will not result in any increase in the base flood elevation in the floodway (F-1) of the one hundred year flood.
(b) A decision may be issued by the Board of Zoning Appeals for the construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation; variances can be granted for larger lots but the technical justification for granting a variance increases as the lot size increases (Ord. 0-575. Passed 8-29-89.); and
(c) A showing of good and sufficient cause; and
(d) A determination that failure to grant the appeal would result in exceptional hardship to the applicant.
(e) A determination that granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and/or ordinances.
(f) A variance shall only be issued upon a determination that it is the minimum necessary, considering the flood hazard to afford relief;
(g) The Board of Zoning Appeals shall notify the applicant in writing over the signature of the City Attorney that:
(1) The issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance; and
(2) Such construction below the base flood elevation will not increase risks to life and property;
Such notification shall be maintained with a record of all decisions as required in subsection (f) hereof.
(h) The Board of Zoning Appeals shall maintain a record of all decisions, including justification for their issuance and shall report such decisions in its annual report submitted to the Federal Insurance Administration.
(Ord. 0-531. Passed 2-23-88.)