§ 21-103. Variances and appeals.

(a)

The program administrator shall hear and render judgment on requests for variances from the requirements of this article.

(b)

The parish police jury shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the program administrator in the enforcement or administration of this article.

(c)

Any person or persons aggrieved by the decision of the program administrator or the parish police jury may appeal such decision in the courts of competent jurisdiction.

(d)

The program administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal insurance administration upon request.

(e)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of

Historic places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

(f)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to, and surrounded by, lots of one-half acre of less in size with existing structures constructed below the base flood level, providing the relevant factors in Section 21-102 of this article have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(g)

Upon consideration of the factors noted above and the stated purpose of this article, the program administrator may attach such conditions to the grating of variances as he deems necessary to further the purpose and objectives of this article.

(h)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local ordinances.

(i)

Any applicant to whom a variance is granted shall be given written notice that any structure(s) to which the variance applies will be permitted to be built at the sole risk of the applicant with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. No. 7944, 3-11-85; Ord. No. 8055, § 2, 3-19-87; Ord. No. 8129, 11-21-88)