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<br />I <br /> <br />I <br /> <br />:12'Or <br /> <br />flood hazard, to afford relief. <br /> <br />2. Variances shall only be issued upon (i) a showing of <br />good and sufficient cause, (ii) a determination thai: fail- <br />ure to grant the variance would result in exceptional <br />hardship to the applicant, and (iii) and a determination <br />that the.granting of a variance will not result in in- <br />creased flood heights, additional threats to public safety, <br />extraordinary public expense, create nuisances, cause <br />fraud on or victimization of the public, or conflici: with <br />existing local laws or ordinances. <br /> <br />3. Any applicant to whom a variance is granted shall be <br />given written notice that the structure will be permitted <br />to be built with ~ lowest floor elevation no more than <br />one foot below the base flood elevation, and that the <br />cost of flood insurance will be corronensurate with the <br />increased risk resulting from the reduced lowest floor <br />elevation. <br /> <br />Section 5-58. <br /> <br />PENALTY <br /> <br />Any violation of the provlslons of this Article shall be punishable by <br />a fine not less than five dollars ($5.00) and not exceeding two hundred <br />dollars ($200.00) in amount. Each day that the violation continues <br />shall be considered as a separate offense. <br /> <br />Section 5-59. <br /> <br />SEVERABILITY OF PROVISIONS <br /> <br />Should any section, sUbsection, sentence or provision of this article <br />be declared to be unconstitutional by a court of competent jurisdiction, <br />such decision shall not affect the validity of any of the remaining <br />part or parts hereof, except insofar as the part so declared uncon- <br />stitutional or void is indispensable to the remaining part or parts. <br /> <br />Part 3. That this Ordinance shall become effective on the 11th day <br />following the date of due legal process and publication in a news- <br />paper of general circulation. <br /> <br />PASSED AND APPROVED on first reading December 5, 1977. <br /> <br />PASSED AND APPROVED on second reading December 12, 1977. <br /> <br />PASSED, APPROVED AND ADOPTED December 19, 1977. <br /> <br />~~~ <br /> <br />Mayor <br /> <br />A:i2~ <br /> <br /> <br />~ss Hambrick <br />City Secretary <br /> <br />~g~ <br /> <br />I <br /> <br />Charles E. Evans <br />City Attorney <br />