§ 7-306. Variances and conditional uses.

(a) Standards for substantial improvements or new construction.

(1) In addition to the other requirements of this Code governing variances and conditional uses, the additional standards specified in paragraph (2) of this subsection apply to any variance or conditional use that involves any substantial improvement or new construction in a Floodplain Overlay Zoning District.

(2) All variances and conditional uses described in paragraph (1) of this subsection are subject to the following additional standards:

(i) the variance or conditional use will not result in increased flood heights or additional danger to the public health, safety, or welfare;

(ii) the proposal is consistent with the need to minimize flood damage;

(iii) all necessary permits have been received from the appropriate state and federal agencies;

(iv) all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located and constructed to minimize or eliminate flood damage;

(v) adequate drainage is provided to reduce exposure to flood hazard; and

(vi) the variance or conditional use is necessary because of extraordinary circumstances in local conditions that render the application of certain standards a severe hardship.

(b) Warning letters.

If the Board of Municipal and Zoning Appeals grants a variance or conditional use under this section, the Board must attach to its decision a warning that:

(1) construction below the base flood level may result in increased premium rates for flood insurance; and

(2) construction below the base flood level increases risks to life and property.