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A. In granting a variance, the Floodplain Administrator shall make the following findings:

1. That the proposed development is not located in any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result;

2. That the variance is the minimum necessary, considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter;

3. That failure to grant the variance would result in exceptional hardship to the applicant;

4. That granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, conflict with existing local laws or ordinances or create a nuisance; and

5. That granting of a variance will not cause fraud or victimization. For example, buildings that are permitted to be constructed below the base flood elevation are subject during their life (estimated at 50 to 100 years) to increased risk of flood damage, while future owners of the property and the community are subject to the costs, inconvenience and danger associated with the increased flooding potential.

B. The Floodplain Administrator shall include the following in a written notice for any variance granted and shall record, or cause to be recorded, the notice in the Office of the County Recorder so that the notice appears in the chain of title of the affected parcel of land:

1. That the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for every $100.00 of insurance coverage; and

2. That such construction below the base flood level increases risks to life and property.

C. The Floodplain Administrator shall maintain a record of all variance actions, including justification for the issuance of any variance. This record will be included in a biennial report submitted to FEMA. (Ord. 3477 § 1, 2019; Ord. 3210, 2011; Ord. 3097, 2007).