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(2) The Director will hear and decide appeals only when it is alleged that an error in any <br />requirement, decision, or determination is made by the Floodplain Administrator in <br />the enforcement or administration of this Article. <br />(3) Any person aggrieved by the decision of the Director or the Planning and Zoning <br />Commission may appeal the decision to a court of competent jurisdiction <br />(4) Variances may only be granted when there is: <br />(a)A showing of good and sufficient cause <br />(b)A determination that failure to grant the variance would result in exceptional <br />hardship, and <br />MA determination that the granting of a variance will not result in increased flood <br />heights, additional threats to public expense create a nuisance cause fraud on or <br />victimization of the public, or conflict with existing local laws or ordinances <br />(5) Variances may only granted for the minimum necessary deviation from the <br />standards in this Article to afford the requested relief. <br />(6) Variances will not be granted within any designated regulatory floodway if any <br />increase in flood levels during the base flood discharge would result <br />(7) Variances may be issued for the repair or rehabilitation of historic structures if the <br />proposed repair or rehabilitation would not preclude the structure's continued <br />designation as a historic structure, and the variance is the minimum necessary to <br />preserve the historic character and design of the structure. <br />(8) Variances may be issued for new construction substantial improvements and for <br />other development necessary for the conduct of a functionally ependent use if <br />(a) The criteria of paragraphs (4 ) through (6) of this section are met and <br />(b) The structure or other development is protected by methods that minimize flood <br />damages during the base flood and create no additional threats to public safety. <br />Sec. 39.031. Factors to consider in granting a variance request. <br />The Planning and Zoning Commission shall consider all technical evaluations provisions <br />specified in other sections of this Article, and: <br />(1) Any increase in flood levels in any designated floodway that would result during the <br />base flood discharge, <br />16 <br />