Ord 1987-059 - Laserfiche WebLink

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-8- c. Any person or persons aggrieved by the decision of the Planning Commmission may appeal such decision in the courts of competant jurisdiction. d. The Flood Plain Administrator shall maintain a record of all actions ìtlvol'7i'!g an appeal and shall report variances to the Federa J >:m€ rc¡~ncy Management Agency upon request. e. Variances may be issued rehabilitation or restoration of National Register of Historic Places Historic Places, without regard to the remainder of this ordinance. for the reconstruction, structures listed on the or the State Inventory of the procedures set forth in f. Variances may be issued for new 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 level, providing the relevant factors in Section 5-57 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. g. Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to fur~her the purpose and objectives of this ordinance. h. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. The burden of proof showing no increase in flood levels shall be on the applicant for a Flood Plain Permit. i . Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon, (i) showing a good sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the ap~licant, and (iii) a determination that the granting of a variance 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 adopted policy or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice 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. j. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Section 5-58 are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Sec. 5-59. Building Permits and Certificates Of Occupancy. No building permit shall be issued until a required Flood Plain Permit has been obtained in accordance with this ordinance. No Certificate of Occupancy shall be issued until all applicable certifications required by this ordinance have been received and approved by the Flood Plain Administrator.