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Penalties for Violation Chapter 909 Floodplain Overlay District <br /> Page 909-15 <br />3. The City shall maintain a record of all appeal, amendment, and variance actions, <br />including justification for their issuance, and report such variances issued in its <br />annual or biennial report submitted to the Administrator of the National Flood <br />Insurance Program. <br />4. The Zoning Administrator shall notify the applicant for a variance of the following: <br />(1) The issuance of a variance to construct a structure below the base flood level <br />will result in increased premium rates for flood insurance up to amounts as <br />high as $25 or $100 of insurance coverage; and <br />(2) Such construction below the 100-year or regional flood level increases risks to <br />life and property. <br />(3) Such notification shall be maintained with a record of all variance applications. <br />(4) Variance Criteria. The following variance criteria of the Federal Emergency <br />Management agency (FEMA) must be satisfied in granting a variance to this <br />Section, in addition to the criteria established in Section 922: <br />a. Variances shall not be issued within any designated regulatory floodway if <br />any increase in flood levels during the base flood discharge would result. <br />(5) Variances shall only be issued upon the following: <br />a. A showing of good and sufficient cause; <br />b. A determination that failure to grant the variance would result in <br />exceptional hardship to the applicant; and <br />c. A determination that the granting of a variance will not result in increased <br />flood heights, additional threats to public safety, extraordinary public <br />expense, create nuisances, cause fraud on or victimization of the public, or <br />conflict with existing local laws or ordinances. <br />(6) Variances shall only be issued upon a determination that the variance is the <br />minimum necessary, considering the flood hazard, to afford relief. <br />(7) Conditions Attached to Variances. In granting a variance to this Section, the <br />Board of Adjustment may prescribe appropriate conditions and safeguards as it <br />deems necessary to fulfill the purposes of this Ordinance. Violations of such <br />conditions and safeguards, when made a par to the terms under which the <br />variance is granted, shall be deemed a violation of this Ordinance punishable <br />under Section 916.120. Such conditions may include, but are not limited to, <br />the following: <br />(8) Modification of waste treatment and water supply facilities. <br />(9) Limitations on period of use, occupancy, and operation. <br />(10) Imposition of operational controls, sureties, and deed restrictions. <br />(11) Requirements for construction of channel modifications, compensatory storage, <br />dikes, levees, and other protective measures. <br />(12) Flood proofing measures, in accordance with the State Building Code of this <br />Ordinance. The applicant shall submit a plan or document certified by a <br />registered professional engineer or architect that the flood proofing measures <br />are consistent with the regulatory flood protection elevation and associated <br />flood factors for the particular area.