Example cases:
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Any development that causes a rise in the base flood elevations
within the floodway.
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Any development occurring in Zones A1-30 and AE without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation.
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Alteration or relocation of a stream (including but not limited
to installing culverts and bridges) 44 Code of Federal Regulations
§ 65.3 and § 65.6(a)(12)
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The board of zoning appeals may refer any application and accompanying
documentation pertaining to any request for a special exception to
any engineer or other qualified person or agency for technical assistance
in evaluating the proposed project in relation to flood heights and
velocities and the adequacy of the plans for protection and other
related matters.
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Conditional use permits and/or special exceptions shall only
be issued after the board of zoning appeals has determined that the
granting of such will not (1) result in unacceptable or prohibited
increases in flood heights, (2) result in additional threats to public
safety, (3) result in extraordinary public expense, (4) create nuisances,
(5) cause fraud or victimization of the public, or (6) conflict with
local laws or ordinances.
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The board of zoning appeals shall notify the applicant for a
conditional use permit and/or special exception, in writing, that
the issuance of a conditional use permit and/or special exception
to construct a structure below the freeboard height from the one percent
chance per year flood event (1) increases the risks to life and property,
and (2) will result in increased premium rates for flood insurance.
A record of such notification, as well as all permit and variance
actions, including justification for their issuance, shall be maintained,
and any permit variances which are issued shall be noted in the annual
report submitted to the federal insurance administrator.
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The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related
matters.
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Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in (a) unacceptable
or prohibited increases in flood heights, (b) additional threats to
public safety, (c) extraordinary public expense; and will not (d)
create nuisances, (e) cause fraud or victimization of the public,
or (f) conflict with local laws or ordinances.
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Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
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The Board of Zoning Appeals shall notify the applicant for a
variance, in writing that the issuance of a variance to construct
a structure below the one percent (1%) chance flood elevation (a)
increases the risks to life and property and (b) will result in increased
premium rates for flood insurance.
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A record shall be maintained of the above notification as well
as all variance actions, including justification for the issuance
of the variances. Any variances that are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
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