§ 151.44 VARIANCE NOTIFICATION.

   (A)   Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

      (1)   The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

      (2)   Such construction below the base flood level increases risks to life and property.

   (B)   The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency.

(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)

§ 151.45 HISTORIC STRUCTURES.

   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)

§ 151.46 SPECIAL CONDITIONS.

   Upon the consideration of the factors listed in §§ 151.40 through 151.45, and the purposes of this chapter, the appointed board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)

§ 151.99 PENALTY.

   Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for the town with respect to each violation, including the provisions relating to violations and fines.

   (A)   A separate offense shall be deemed to occur for each day the violation continues to exist.

   (B)   The Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

   (C)   Nothing herein shall prevent the town from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(Ord. 334, passed 7-16-07; Am. Ord. 393, passed 3-20-17)

Cross-reference:

   Zoning code penalty, see § 152.999