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Chapter 17 (7) BOUNDARY DISPUTES. The following (h) Allow any alteration of an historic procedure shall be used by the board of adjustment in structure, including its use,which would preclude its hearing disputes concerning the district boundaries continued designation as an historic structure.24 shown on the official floodplain zoning map: (10) When a variance is granted in a floodplain area (a) Where a floodplain district boundary is the Board shall notify the applicant in writing that I established by approximate or detailed floodplain increased flood insurance premiums and risks to life studies, the regional flood elevations or profiles for and property may result. A copy of this notification the point in question shall be the governing factor in shall be maintained with the variance appeal record. locating the district boundary. If no regional flood elevations or profiles are available to the board, other 17.64 TO REVIEW APPEALS OF PERMIT available evidence may be examined. DENIALS. (b) In all cases, the person contesting the (1) The Board of Adjustment shall review all data location of the district boundary shall be given a constituting the basis for the appeal of permit denial. , reasonable opportunity to present arguments and This data may include(where appropriate): technical evidence to the board of adjustment. (a) Permit application data listed in s. 17.61(2) (c) Where it is determined that the district (b) Floodway/floodfringe determination data boundary is incorrectly mapped, the board should in s. 17.44; inform the Committee or the person contesting the (c) Data listed in s. 17.33(2)(b). where the location of the boundary to petition the county board applicant has not submitted this information to the for a map amendment according to subchap.VII. zoning administrator. (8) VARIANCE. The Board of Adjustment may, (d) Other data submitted to the zoning upon appeal, grant a variance from the dimensional administrator with the permit application, or standards of this ordinance where an applicant submitted to the Board with the appeal. convincingly demonstrates that: (2) For appeals of all denied permits the Board (a) Literal enforcement of the provisions of the shall: ordinance will result in practical difficulty or (a) Follow the procedures of s. 17.63; unnecessary hardship on the applicant; (b) Consider Zoning Agency recommedations; (b) The hardship is due to adoption of the (c) Either uphold the denial or grant the floodplain ordinance and special conditions unique appeal. to the property; not common to a group of adjacent (3) For appeals concerning increases in regional lots or premises (in such case the ordinance or map flood elevation the Board shall: must be amended); (a) Uphold the denial where the Board agrees (c) Such variance is not contrary to the public with the data showing an increase in flood elevation. , interest; Increases equal to or greater than 0.01 foot may only (d) Such variance is consistent with the be allowed after amending the flood profile and map purpose of this ordinance in s. 17.03. and all appropriate legal arrangements are made (9) A variance shall not: with all adversely affected property owners. (a) Grant, extend or increase any use (b) Grant the appeal where the Board agrees prohibited in the zoning district; that the data properly demonstrates that the project (b) Be granted for a hardship based solely on does not cause an increase equal to or greater than an economic gain or loss; 0.01 foot provided no other reasons for denial exist. (c) Be granted for a hardship which is self- created; 17.65 FLOODPROOFING. (d) Damage the rights or property values of (1) No permit or variance shall be issued until the other persons in the area; applicant submits a plan or document certified by a (e) Permit a lower degree of flood protection registered professional engineer or architect that the in the floodplain than the flood protection elevation; floodproofing measures are adequately designed to (f) Allow any floor of a basement or crawlway protect the structure or development to the flood below the regional flood elevation for residential or protection elevation. commercial structures; (2) Floodproofing measures shall be designed to: (g) Allow actions without the amendments to this ordinance or map(s)required in s. 17.71. 24Annotation: Rev.federal rule Oct.iggo. Page 88