Amending Articles 1, 2, 3, 4, 5, & 6 of Chapter 21 Zoning

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(A) The Board of Zoning Appeals may grant waivers to the provisions of the "F" Floodplain, "F-1" Floodway or "F-2" Floodway Fringe District only upon the written approval of the Natural Resources Commission. (B) Waivers may be granted only in cases where the following conditions are met: 1. If a new structure is to be erected on a lot of one-half (1/2) acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade; or 2. If a structure listed on the National Register of Historic Places or a State Inventory of Historic Places is to be restored or reconstructed. ( C) In all instances, waivers may be granted only upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the waiver would result in exceptional hardship to the applicant; 3 . A determination that issuance of such waiver 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 existing local laws and ordinances; and 4. A determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief. (D) In cases where a waiver is granted, a notice shall be placed on the deed to the property stating that the proposed construction will be located in a flood-prone area. Said notice must contain a statement of the number of feet that the lowest nonfloodproofed floor of the proposed structure will be below the level of the one hundred-year flood and that actuarial flood insurance rates increase as the first floor elevation decreases. In addition, the Board of Zoning Appeals shall notify the applicant for said waiver in writing that the issuance of a waiver to construct a structure below