A.
Designation. The fire limits shall include those parts of the Village of Pelham Manor which are not included in residence districts as now established by Chapter 210, Zoning, or as the same may be amended hereafter.
C.
Alteration.
(1)
Within the fire limits no existing building or structure of frame construction shall be hereafter increased in height.
(2)
No existing building or structure of frame construction shall be hereafter extended on any side; unless the construction of such extension conforms to the requirements of this Part 1 for new construction; and provided that the area of the building as extended shall not exceed the allowable area for frame construction.
(3)
No other building or structure shall be hereafter extended on any side by frame construction.
(4)
Nothing in this section shall prohibit other alterations within the fire limits; provided that there is no change of occupancy to a nonconforming use.
D.
Moving buildings. No building of frame construction shall hereafter be moved from without to within the fire limits.
[Added 4-6-1987 by L.L. No 2-1987]
A. APPEAL AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD BASE FLOOD BASEMENT BREAKAWAY WALL BUILDING CELLAR COASTAL HIGH HAZARD AREA DEVELOPMENT ELEVATED BUILDING FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOOD or FLOODING FLOODPROOFING FLOODWAY FLOOR FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE LOWEST FLOOR MANUFACTURED HOME MEAN SEA LEVEL MOBILE HOME NATIONAL GEODETIC VERTICAL DATUM (NGVD) NEW CONSTRUCTION PRINCIPALLY ABOVE GROUND ONE-HUNDRED-YEAR FLOOD REGULATORY FLOODWAY SAND DUNES START OF CONSTRUCTION STRUCTURE SUBSTANTIAL IMPROVEMENT(1) (2) (a) (b) VARIANCE
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
A request for a review of the inspector of buildings interpretation of any provision of this section or a request for a variance.
[Amended 6-14-2004 by L.L. No. 3-2004]
A designated AO or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-99, V, VO, VE or V1-30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
The flood having a one-percent chance of being equaled or exceeded in any given year.
That portion of a building having its floor subgrade (below ground level) on all sides.
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
Any structure built for support, shelter or enclosure for occupancy or storage.
The same meaning as definition of "basement."
The area subject to high velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone V1-30, VE, VO or V.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.
A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Lowest level, including basement or cellar of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this section.
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
The same meaning as "manufactured home."
As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
Structures for which the start of construction commenced on or after the effective date of this section.
That at least 51% of of actual cash value, excluding land value, is above ground.
The same meaning as "base flood."
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study.
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
The initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes the "actual start" means affixing of the manufactured home to its permanent site.
A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
For the purposes of this definition "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure or contributing structure listed on the National Register of Historic Places or State Inventory of Historic Places.
A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.
B.
Areas of special flood hazard. This section shall apply to all areas of special flood hazards identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Village of Pelham Manor of Westchester County, New York," dated July 3, 1978, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby adopted and declared to be a part of this section and are filed at the office of the Village Manager.
[Amended 8-28-1989 by L.L. No. 1-1989; 1-23-1995 by L.L. No. 1-1995]
C.
Penalties for noncompliance. No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Any structure found not compliant with the requirements of this structure for which the developer and/or owner has not applied and received an approved variance under Subsection L will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
D.
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Village of Pelham Manor, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
E.
Designation of the Building Inspector. The Building Inspector is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
F.
Establishment of development permit. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in Subsection B. Application for a development permit shall be made on forms furnished by the Building Inspector and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(1)
Application stage. The following information is required where applicable:
(a)
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.
(b)
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
(c)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Subsection H(3)(a);
(d)
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in Subsection 9(2);
(e)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2)
Construction stage. Upon placement of the lowest floor, or floodproofing by whatever means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Inspector a certificate of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Building Inspector shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
G.
Duties and responsibilities of the Building Inspector. Duties of the Building Inspector shall include, but not be limited to:
(1)
Permit application review.
(a)
Review all development permit applications to determine that the requirements of this section have been satisfied.
(b)
Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(c)
Review all development permit applications to determine if the proposed development adversely affects the flood-carrying capacity of the area of special flood hazard. For the purposes of this section, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. An engineering study may be required of the applicant for this purpose.
(2)
Use of other base flood data. When base flood elevation data has not been provided in accordance with Subsection B, Areas of special flood hazard, the Building Inspector shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, including data developed pursuant to Subsection H(4) in order to administer Subsection I, Specific standards.
(3)
Information to be obtained and maintained.
(a)
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures, and whether or not the structure contains a basement or cellar.
(d)
Maintain for public inspection all records pertaining to the provisions of this section, including variances when granted.
(4)
Alteration of watercourses.
(a)
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II.
(b)
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(5)
Interpretation of FIRM boundaries.
(a)
The Building Inspector shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.
(c)
The Building Inspector shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available.
(6)
Stop-work orders.
(a)
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order issued by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in Subsection C of this section.
(b)
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order issued by the Building Inspector. Disregard of a stop-work order shall be subject to the penalties described in Subsection C of this section.
(7)
Inspections. The Building Inspector and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.
H.
General standards. In all areas of flood hazards the following standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b)
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
(b)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(c)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
(d)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.
(5)
Encroachments. All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazards set forth in Subsection G(1), permit review. This may require the submission of additional technical data to assist in the determination.
I.
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection B, Areas of special flood hazard areas, and Subsection G(2), Use of other base flood data, the following standards are required:
(1)
Residential construction. New construction and substantial improvements of any resident structure shall:
(a)
Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.
(b)
Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[2]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(2)
Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(a)
If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
[1]
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
[2]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and
[3]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(b)
If the structure is to be floodproofed:
[1]
A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
[2]
A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
(c)
The inspector of buildings shall maintain on record a copy of all such certificates noted in this section.
[Amended 6-14-2004 by L.L. No. 3-2004]
(3)
Construction standards for areas of special flood hazards without base flood elevations.
(a)
New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated at least two feet above the highest adjacent grade next to the proposed foundation of this structure.
(b)
Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
[1]
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[2]
The bottom of all such opening shall be no higher than one foot above the lowest adjacent finished grade.
[3]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
J.
Coastal high hazard area. Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in Subsection B. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
(1)
Location of structures. All buildings or structures shall be located landward of the reach of the mean high tide.
(2)
Construction methods.
(a)
Elevation. All new construction or substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level so as to not impede the flow of water.
(b)
Structural support.
[1]
The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse and lateral movement due to the effects of wind and high velocity water loads acting simultaneously on all building components. Wind and water loading values shall each have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval)
[2]
A licensed professional engineer shall develop or review the structural design, specifications and plans for the construction, and shall submit to the inspector of buildings a written certification that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Subsection J(2)(a) and (b)[1].
[Amended 6-14-2004 by L.L. No. 3-2004]
[3]
There shall be no fill material used for structural support of any new building or substantial improvement of an existing structure.
(c)
Space below the lowest floor, breakaway walls.
[1]
The space below the lowest floor of all new construction or any existing building that is being altered, repaired or improved after the effective date of this section shall be either kept free of obstructions or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system.
[2]
A breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls exceeding a design safe loading resistance of 20 pounds per square foot are permitted only if a licensed professional engineer or architect certifies in writing to the Building Inspector that the designs proposed meet the following conditions:
[a]
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
[b]
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).
[c]
The enclosed space below the lowest floor shall be used only for parking of vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts only are subject to the design requirements for breakaway walls in Subsection J(2)(c)[2].
(3)
Disturbance of sand dunes. There shall be no alteration of sand dunes which would increase potential flood damage. Any disturbance of sand and/or earthen material shall be conducted in strict compliance with state or local Coastal Erosion Hazard Area regulations.
(4)
Submission and maintenance of construction records.
(a)
The applicant for a development permit for all new construction or substantial improvements shall submit in writing to the Building Inspector the following:
[1]
A statement certifying whether or not the structure contains a basement; and
[2]
The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor of the structure. The elevation shall be certified by a licensed professional engineer or land surveyor.
K.
Appeals Board.
(1)
Appeals and requests for variances from the requirements of this section shall be governed by Article III, Board of Appeals, of Chapter 210, Zoning. In passing upon such appeals and requests, the Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section, and:
(a)
The danger that materials may be swept onto other lands to the injury of others.
(b)
The danger of life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by the proposed facility to the community.
(e)
The necessity to the facility of a waterfront location, where applicable.
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated development.
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j)
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
(k)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(l)
The costs of providing governmental services during and after flood conditions, including search and rescue operations maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
(2)
Upon consideration of the factors of subsection K(1) and the purposes of this section, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(3)
The Building inspector shall maintain the records of all appeal actions, including technical information and report any variances to the Federal Emergency Management Agency upon request.
[Amended 10-11-1994 by L.L. No. 2-1994]
L.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (l) in Subsection K(1) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the contributing structures procedures set forth in the remainder of this section.
(3)
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(4)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6)
Variances shall only be issued upon receiving written justification:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c)
A determination 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.
(7)
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.