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<br /> <br /> <br /> <br /> <br /> <br /> (2) The City Council shall hear and render judgement <br /> on an appeal only when it is alleged there is an <br /> error in any requirement, decision, or determina- <br /> tion made by the Administrator in the enforcement <br /> or administration of this ordinance. <br /> (3) Any person or persons aggrieved by the decision of <br /> the City Council may appeal such decisions in the <br /> courts of competent jurisdiction. <br /> <br /> (4) The Administrator shall maintain a record of all <br /> actions involving an appeal and shall report <br /> variances to the Federal Insurance Administration <br /> upon request. <br /> (5) Variances may be issued for the reconstruction, <br /> rehabilitation or restoration of structures listed <br /> on the National Register of Historic Places or the <br /> State Inventory of Historic Places, without regard <br /> to the procedures set forth in the remainder of <br /> this section. <br /> (6) Generally, variances may be issued for new con- <br /> struction and substantial improvements to be <br /> erected on a lot of one-half acre or less in size <br /> contiguous to and surrounded by lots with existing <br /> structures constructed below the base flood level, <br /> providing the relevant factors in Section C(2) of <br /> this Article have been fully considered. As the <br /> lot size increases beyond the one-half acre, the <br /> technical justification required for issuing the <br /> variance increases. <br /> (7) Upon consideration of the factors noted above and <br /> the intent of this ordinance, the City Council may <br /> attach such conditions to the granting of vari- <br /> ances as it deems necessary to further the <br /> purposes and objectives of this ordinance <br /> (Article 1, Section C and D). <br /> (8) Variances shall. not be issued within any desig- <br /> nated floodway if any increase in flood levels <br /> during the base flood discharge wotild result. <br /> (9) Prerequisites for grantir_g variances: <br /> (a) Variances shall only be issued upon a deter- <br /> mination that the variance is the minimum <br /> necessary, considering the flood hazard, to <br /> afford relief. <br /> <br /> (b) Variances shall only be issued upon (i) a <br /> showing of good and sufficient cause, (ii) a <br /> determination that failure to grant the <br /> variance would result in exceptional hardship <br /> to the applicant, and (iii) a determination <br /> that the granting of a variance will not <br /> result in increased flood heights, additional <br /> threats t:o public safety, extraordinary <br /> public expense, create nuisances, cause fraud <br /> on or victimization of the public, or con- <br /> flict with existing local laws or ordinances. <br /> (c) Any applicant to whom a variance is granted <br /> shall be given written notice that the <br /> structure will be permitted to be build <br /> stating the lowest floor elevation and the <br /> number of feet below the base flood ele- <br /> vation, and that the cost of flood insurance <br /> <br /> <br /> <br /> <br /> -8- <br />