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1986-12-02
CITY-OF-BATESVILLE
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1986-12-02
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(6 ) Generally, variances may be issued for new construc- <br /> tion and substantial improvements to be erected on <br /> a lot of one-half acre or less in size contiguous to <br /> and surrounded by lots with existing structures <br /> constructed below the base flood level, providing <br /> the relevant factors in Section C (2 ) of this Article <br /> have been fully considered. As the lot size increases <br /> beyond the one-half acre, the technical justification <br /> required for issuing the variance increases . <br /> (7 ) Upon consideration of the factors noted above and the <br /> intent of this code, the Appeal Board may attach such <br /> conditions to the granting of variances as it deems <br /> necessary to further the purpose and objectives of <br /> this code (Article 1, Sections C and D) . <br /> (8 ) Variances shall not be issued within any designated <br /> floodway if any increase in flood levels during the <br /> base flood discharge would result. <br /> (9 ) Prerequisites for granting variances : <br /> a. Variances shall only be issued upon a determination <br /> that the variance is the minimum necessary, consid- <br /> ering the flood hazard,l to afford relief . <br /> b. Variances shall only be issued upon (i ) a showing <br /> of good and sufficient cause, (ii ) a determination <br /> that failure to grant the variance would result <br /> in exceptional hardship to the applicant, and <br /> (iii ) a determination that the granting of a <br /> variance will not result in increased flood <br /> heights, additional threats to public safety, <br /> extraordinary public expense, create nuisances, <br /> cause fraud on or victimization of the public, <br /> or conflict with existing local laws or ordinances. <br /> C. Any applicant to whom a variance is granted shall <br /> be given a written notice that the structure will <br /> be permitted to be built with a lowest floor <br /> elevation no more than two ( 2 ) feet below the <br /> base flood elevation, and that the cost of flood <br /> insurance will be commensurate with the increased <br /> risk resulting from the reduced lowest floor <br /> elevation. <br /> (10 ) a. The Appeal Board shall be composed of three <br /> residents of the City of Batesville, Arkansas , <br /> appointed by the Mayor and approved by the City <br /> Council . That said board members shall have the <br /> responsibilities and duties as set out in the <br /> Batesville, Arkansas Flood Hazard Prevention Code <br /> and shall serve for a term of five ( 5 ) years . <br /> ( 12 ) <br /> I <br />
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