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<br />Ordinance 1533, Ar~le 4 (Administration), colltnued <br /> <br />(3) Any person or persons aggrieved by the decision of the Appeal <br />Board may appeal such decision in the courts of competant <br />jurisdiction. <br /> <br />(4) The Floodplain Administrator shall maintain a record of all <br />actions involving an appeal and shall report variances to the <br />Federal Emergency Management Agency upon request. <br /> <br />(5) Variances may be issued for the reconstruction, rehabilitation or <br />restoration of structures listed .on the National Register of <br />Historic Places or the State Inventory of Historic Places, <br />without regard to the procedures set forth in the remainder of <br />this Ordinance. <br /> <br />(6) Variances may be issued for new construction and substantial <br />improvements to be erected on a lot of one-half acre or less in <br />size continuous to and surrounded by lots with existing <br />structures constructed below the base flood level, providing the <br />relevant factors in Section C(2) of this Article have been fully <br />considered. As the lot size increases beyond the one-half acre, <br />the technical justification required for issuing the variance <br />increases. <br /> <br />(7) Upon consideration of the factors noted above and the intent of <br />this Ordinance, the Appeal Board may attach such conditions to <br />the granting of variances at it deems necessary to further the <br />purpose and objective of this Ordinance (Article 1, Section C). <br /> <br />(8) Variances shall not be issued within any designated floodway if <br />any increase in flood levels during the base flood discharge <br />would result. <br /> <br />(9) Prerequisites for granting variances: <br /> <br />a. Variances shall only be issued upon a determination that the <br />variance is the minimum necessary, considering the flood <br />hazard, to afford relief. <br /> <br />b. Variances shall only be issued upon, (i) showing a good and <br />sufficient cause; (ii) a determination that failure to <br />grant the variance would result in exceptional hardship to <br />the applicant, and (iii) a determination that the granting <br />of a variance will not result in increased flood heights, <br />additional threats to public safety, extraordinary public <br />expense, create nuisances, cause fraud on or victimization <br />of the public, or conflict with existing local laws or <br />Ordinances. <br /> <br />-16- <br />