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ORDINANCE 2012-036 F.S.I. This section does not apply to Section 3109 of the Florida Building Code Building. (2) Appeals. The Construction Board of Adjustment and Anneals shall hear and decide appeals when it is alleged there is an error in any requirement decision or determination made by the Floodplain Administrator in the administration and enforcement of these floodplain regulations. Any person aggrieved by the decision of the Construction Board of Adjustment and Anneals may anneal such decision to the Circuit Court, as provided by Florida Statutes. (3) Limitations on authority to grant variances. The Construction Board of Adjustment and Appeals shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 930.13(7) of these floodplain regulations, the conditions of issuance set forth in Section 930.13(8) of these regulations, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Construction Board of Adjustment and Appeals has the right to attach such conditions as it deems necessary to further the purposes and objectives of these floodplain regulations. (4) Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 930.07(2)(a)3. of these floodplain regulations. (5) Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined ell-gible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 1 I Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. (6) Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of'a functionally dependent use, as defined in these floodplain regulations, provided the variance meets the requirements of Section 930.13(), is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damageg occurrence of the base flood. (7) Considerations for issuance of variances. In reviewing requests for variances, the Construction Board of Adjustment and Appeals shall consider all technical evaluations, all relevant factors all other applicable provisions of the Florida Building Code, these floodplain regulations, and the following: Underline: Additions to Ordinance Strike tlFeegk: Deleted Text from Existing Ordinance 67 C:\Documents and Settings\tlister\Desktop\Revised IRC Flood Protect Ord final 10-26-12.rtf