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NS-2789
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Last modified
1/3/2012 1:00:14 PM
Creation date
7/23/2009 11:20:38 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2789
Date
7/20/2009
Destruction Year
PERM
Notes
Repealing and readopting Ch. 7
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demonstrating that the proposed encroachment shall not result in any increase in <br />flood levels during the occurrence of the base flood discharge. ~` <br />(c) If section 7-22(a) & (b) are satisfied, all new construction, substantial <br />improvement, and other proposed new development shall comply with all other <br />applicable flood hazard reduction provisions of this Article III. <br />ARTICLE IV. FLOODPLAIN VARIANCE PROCEDURE <br />Sec. 7-23. Nature of floodplain variances. <br />The issuance of a floodplain variance is for floodplain management purposes only. <br />Insurance premium rates are determined by statute according to actuarial risk and will <br />not be modified by the granting of a floodplain variance. <br />The floodplain variance criteria set forth in this section of the chapter are based on the <br />general principle of zoning law that floodplain variances pertain to a piece of property <br />and are not personal in nature. A floodplain variance may be granted for a parcel of <br />property with physical characteristics so unusual that complying with the requirements <br />of this chapter would create an exceptional hardship to the applicant or the surrounding <br />property owners. The characteristics must be unique to the property and not be shared <br />by adjacent parcels. The unique characteristic must pertain to the land itself, not to the <br />structure, its inhabitants, or the property owners. <br />Floodplain variances shall be approved only in rare circumstances. The long term goal <br />of preventing and reducing flood loss and damage can only be met if floodplain <br />variances are strictly limited. Therefore, the floodplain variance guidelines provided in <br />this chapter are more detailed and contain multiple provisions that must be met before a <br />floodplain variance can be properly granted. The criteria are designed to screen out <br />those situations in which alternatives other than a floodplain variance are more <br />appropriate. <br />Sec. 7-24. Conditions for floodplain variances. <br />(a) Generally, floodplain variances may be issued for new construction, substantial <br />improvement, and other proposed new development to be erected on a lot of <br />one-half acre or less in size contiguous to and surrounded by lots with existing <br />structures constructed below the base flood level, providing that the procedures <br />of Articles II and III have been fully considered. As the lot size increases beyond <br />one-half acre, the technical justification required for issuing the floodplain <br />variance increases. <br />(b) Floodplain variances may be issued for the repair or rehabilitation of "historic <br />structures" (as defined in section 7-5) upon a determination that the proposed <br />repair or rehabilitation will not preclude the structure's continued designation as ,~„ <br />Ordinance No. NS-2789 <br />Page 22 of 27 <br />
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