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Chapter 21 Regulating Controlled Uses
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Chapter 21 Regulating Controlled Uses
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Last modified
3/27/2013 11:27:52 AM
Creation date
3/27/2013 11:21:05 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/8/1984
Ord-Res Number
7388-84
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(11) In addition to the provisions set forth above, the <br />following provisions shall be applicable to the issuance <br />of uariauaa& waivers within the 'F" Floodplain, "F -1" <br />Floodway or "F -2'r Floodway Fringe District: <br />(A) The Board of Zoning Appeals may grant varrianGe& <br />waivers to the provisions of the "F" Floodplain, "F -1" <br />Flood way or "F -2" Floodway Fringe District only upon the <br />written approval of the Natural Resources Commission. <br />(B) Vari.anr_&& Waivers may be granted only in cases <br />where the following conditions are met: <br />1. If a new structure is to be erected on a lot <br />of one -half acre or less in size, contiguous to and <br />surrounded by lots with existing structures constructed <br />below the flood protection grade; or <br />2. If a structure listed on the National <br />Register of Historic Places or a State Inventory of <br />Historic Places or a structure designated by the local <br />legislative body as an historic landmark is to be <br />restored or reconstructed. <br />(C) In all instances, waivers may be <br />granted only upon: <br />1. A showing of good and sufficient cause; <br />2. A determination that failure to grant the <br />-\Fa-r -ranee waiver would result in exceptional hardship to <br />the applicant; <br />3. A determination that issuance of such <br />v&r- ra4-i-e-e waiver will not result in increased flood <br />heights, additional threats to public safety, <br />extraordinary public expense, create nuisances, cause <br />fraud on or victimization of the public or conflict with <br />existing local laws and ordinances; and <br />4. A determination that the varrarrc -e waiver is <br />the minimum necessary, considering the flood hazard, to <br />afford relief. <br />(D) In cases where a va7r-raTe-e waiver is granted, a <br />notice shall be placed on the deed to the property stating <br />that the proposed construction will be located in a <br />flood -prone area. Said notice must contain a statement of <br />the number of feet that the lowest nonfloodproofed floor of <br />the proposed structure will be below the level of the 100 <br />year flood and that actuarial flood insurance rates increase <br />as the first floor elevation decreases. In addition, the <br />Board of Zoning Appeals shall notify the applicant for said <br />va-r-- waiver in writing that the issuance of a _VeT_I a? _? <br />waiver to construct a structure below the base flood <br />elevation will result in increased flood insurance premium <br />rates and that such construction below the base flood <br />elevation increases risks to life and property. <br />(E) The Board of Zoning Appeals shall maintain a <br />record of all St1Ch xFq--r4- ,-Rwz?- waivPY ao-fiinnG ine-liiclino <br />
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