Right To Appeal / Request Variance
You have a right to appeal any decision of the Code Enforcement Official in regards to the interpretation of the Flood Damage Prevention Ordinance.
If you feel the interpretation of the Flood Damage Prevention Ordinance has been misinterpreted you have a right to appeal. The appeal will be held in front of the Construction Board of Appeal. The board will hold a public hearing where you will present your case and any documentation relevant to the appeal.
You also have a right to request a variance from the strict Interpretation of the Flood Damage Prevention Ordinance.
This request will also be presented to the Construction Board of Appeals. The minimum floodplain requirements for communities participating in the NFIP (National Flood Insurance Program) are designed to ensure the practice of sound floodplain management. To grant a variance from the floodplain ordinance, in addition to meeting the requirements set out by State law, the community must determine:
- Good and sufficient case and exceptional hardship exist
- The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public and
- The variance is the minimum action necessary to afford relief
If the required standards of State law and local ordinance are closely adhered to, granting variances from the floodplain ordinance should be rare. Additionally, where a variance is granted, some level of flood protection and hazard mitigation should always be required.