"Fraud and victimization," as related to Section 82-28.516, Variances, means that the variance granted must not cause fraud on or victimization
of the public. In examining this requirement, the zoning administrator will consider
the fact that every newly constructed building adds to government responsibilities
and remains a part of the community for fifty to one hundred years. Buildings that
are permitted to be constructed below the base flood elevation are subject during
all those years to increased risk of damage from floods, while future owners of the
property and the community as a whole are subject to all the costs, inconvenience,
danger and suffering that those increased flood damages bring. In addition, future
owners may purchase the property, unaware that it is subject to potential flood damage,
and can be insured only at very high flood insurance rates.
(Ord. 2000-33, 99-35).
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