Ord 1990-037 - Laserfiche WebLink

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-9- structures constructed below the base flood level, providing the relevant factors in section 5-60 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 article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article. (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 of showing no increase in flood levels shall be on the applicant for a floodplain permit. (i) Prerequisites for granting variances: (l) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazards, to afford relief. (2) Variances shall only be issued upon (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, 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 5-6l 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. See. 5-62 Building peraits and certificates of occupancy. No building permit shall be issued until a required floodplain permit has been obtained in accordance with this article. No certificate of occupancy shall be issued until all applicable certifications required by this article have been received and approved by the floodplain administrator. See. 5-63 General standrlrrds for construction. In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: (a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flo01 damage; (c) All new construction or substant.ial improvements shall be constructed with materials resistant to flood damage; (d) All new construction or substantial improvements shall be constructed with electrical, hearing, ventilation, plumbing, and air conditioning equipment and other service facilities that are