Amending Articles 1,2,3 and 6 of Chapter 21 Zoning Ordinance Relative to Flood Plain Regulations

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(A) The Board of Zoning :Appeals may grant variances to the provisions of the F Flood Plain, F -1 Floodway, or F -2 Floodway Fringe District only upon the written approval of the Natural Resources Commission. (B) Variances may be granted only in cases where the following conditions are met: If a new structure is to be erected on a lot of one -half are or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade; or If a structure listed on the National Register of Historic Places or a State Inventory of Historic Places or a structure designated by the local legislative body as an historic landmark is to be restored or reconstructed. (C) In all instances, variances may be granted only upon: A showing of qood and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; A determination that issuance of such 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 existing local laws and ordinances; and A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (D) In cases where a variance is granted, a notice shall be placed on the deed to the property stating that the proposed construc- tion will be located in a flood -prone area. Said notice must contain a statement of the number of feet that the lowest non - floodproofed floor of the proposed structure will be below the level of•the 100 -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 variance in writing that the issuance of a variance to construct a structure below the base flood elevation will result in increased flood insurance premium rates and that such construction below the base flood elevation increases risks to life and property. (E) The Board of Zoninc variance actions Appeals shall maintain a record of all ncluding justification for their issuance and shall include such information in the annual report submitted to the Federal Insurance Administration. A copy of said report shall also be sent to the Natural Resources Commission. - 4 -