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<br />5.4 A- \<ò <br /> <br />I. <br /> <br />F. <br /> <br />The Floodplain Administrator will maintain a record of all variance actions, <br />including justification for their issuance, and report such variances issued <br />in its biennial report submitted to the Federal Insurance Administration, <br />Federal Emergency Management Agency. <br />Variances shall only be issued upon: <br />(1) A showing of good and sufficient cause; <br />(2) A determination that failure to grant the variance would result in <br />"exceptional hardship" (as defined in Article II of this Chapter) to the <br />applicant; and <br />(3) A determination that the granting of a variance will not result in <br />increased flood heights, additional threats to public safety, or <br />extraordinary public expense, create a nuisance (as defined in <br />Article II - see "Public Safety" and Nuisance") cause fraud or <br />victimization (as defined in Article II) of the public, or conflict with <br />existing local laws or ordinances. <br />Variances may be issued for new construction, substantial improvement, <br />and other proposed new development necessary for the conduct of a <br />functionally dependent use provided that the provisions of Sections <br />41.6.3.A through 41.6.3.E are satisfied and that the structure or other <br />development is protected by methods that minimize flood damage during <br />the base flood and does not result in additional threats to public safety and <br />does not create a public nuisance. <br />Upon consideration of the factors of Section 41.6.2.A and for the purposes <br />of this Chapter, the City Council may attach such conditions to the <br />granting of variances as it deems necessary to further the purposes of this <br />Chapter. <br /> <br />G. <br /> <br />H. <br /> <br />SECTION 2. This ordinance shall be effective thirty (30) days from the date of its <br /> <br />adoption. <br /> <br />Atty/Ord/Ord.223 <br />102704 <br /> <br />* * * <br /> <br />18 <br />