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• SECTION E. PROCEDURES FOR VARIANCE FROM THE REOUIRMENTS OF THIS <br /> CODE <br /> (1) Applicants must submit petitions for variances directly to the Appeal Board (Section E). <br /> (2) Variances may only be issued: <br /> a) if showing a good and sufficient cause; <br /> b) granting of the variance will not result in any adverse impact upon other lands; <br /> c) if granting of the variance will not result in any additional threats to public safety; <br /> d) if granting of the variance will not result in extraordinary public expense; <br /> e) if granting of the variance does not create a nuisance, cause fraud on or <br /> victimization of the public, or conflict with existing laws or ordinances; <br /> f) if granting of the variance will not result in increased flood heights or an increase <br /> in expected flood velocities; <br /> g) if the requested variance is the minimum necessary, considering the flood hazards, <br /> • to afford the necessary relief; and <br /> h) upon determination that the requested variance is necessary to avoid an <br /> extraordinary hardship to the applicant. <br /> (3) Variances may not be issued for developments inside a regulatory floodway unless <br /> a) all requirements of 44 CFR §65.12 are first met; or <br /> b) the following requirements are met: <br /> 1. a No-Rise Certificate signed and sealed by a Professional Engineer licensed <br /> to practice in the State of Arkansas is submitted to document that no increase <br /> in the base flood elevation would result from granting a variance for the <br /> proposed development; <br /> 2. protective measures are employed to minimize damages during flooding <br /> events; and <br /> 3. the variance does not result in any adverse impact to other lands. <br /> (4) Examples of developments for which variance petitions may be appropriate include but <br /> are not limited to <br /> • <br /> 14 <br />