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Portsmouth, Virginia, Code of Ordinances: PART 11- COpE -Chapter 14.1 FLOOD PROTECTION {11)The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12}The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. {13)Such other factors which are relevant to the purposes of this ordinance. (b) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. (c} Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a} unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, {c) extraordinary public expense; and will not (d} create nuisances, {e} cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. (d) Varances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. (e) The Board of Zoning Appeals shall notify the applicant for a variance in writing that the issuance of a variance to construct a structure below the base flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. {f) A record shall be maintained of the above notification as well as ail variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. Sec. 14.1-74. - Conditions for use of existing structures. {a) A structure or use of a structure or premises which lawfully existed in the floadplain district before the enactment of these provisions, but which is not in conformity with #hese provisions, may be continued subject to the following conditions: (1) Any modification, alteration, repair, reconstruction or improvement of any. kind to a structure and/or use located in any floodplain area to an extent or amount of less than 50 percent of its current market value during a consecutive 10 year period shall conform to the VA USBC and be elevated andlorflnod-proofed to the greatest extent possible, as determined by the Floodplain Administrator. (2) Any modification, alteration, repair, reconstruction or improvement of any kind to a structure or use, regardless of its location in a Floodplain area, to an extent or amount of 50 percent or more of its current market value during a consecutive 10 year period shall be undertaken only in full compliance with the provisions of this chapter and shall require the entire structure to conform to the VA USBC. 21