§ 3.40. Floodplain District Zone Variances.

A.

Variances from the provisions of this Article shall only be granted by the zoning board of appeals for new construction and substantial improvements to be erected on a lot one-half (½) acre or less in size, contiguous to and surrounded by lots within existing structures constructed below the base flood level and upon a determination of compliance with the general standards for variances contained in this section and each of the following specific standards:

1.

Good and sufficient cause is shown;

2.

Determination is made that failure to grant the variance would result in exceptional hardship to the applicant;

3.

Determination is made that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

4.

Determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

5.

The building inspector notifies the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the base flood level, increases risk to life and property.

B.

Variances may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Michigan Inventory of Historic Places without regard to the procedures set forth in this section.

C.

The building inspector shall maintain a permanent record of all variance actions, including justification for their issuance and the notification required in this section, and shall report such variances granted in the annual report submitted to the Federal Emergency Management Agency.