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Wheeling City Zoning Code

ARTICLE 1351

Overlay Districts

1351.01 PURPOSE, APPLICABILITY, AND DISCLAIMER OF RESPONSIBILITY.

   (a)   The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
      (1)   Regulating uses, activities, and development that, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
      (2)   Restricting or prohibiting certain uses, activity and development from locating within areas subject to flooding.
      (3)   Requiring all those uses, activities and developments that do occur in flood- prone areas to be protected and/or floodproofed against flooding and flood damage.
      (4)   Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
   (b)   These provisions shall apply to all lands within the jurisdiction of the City and shown as being located within the boundaries of the designated flood plain districts as defined on the National Flood Insurance Program (NFIP) maps and which are considered as a part of the official Zoning Map.
   (c)   No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
   (d)   The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the flood plain districts or that land uses permitted within such districts will be free from flooding or flood damages.
   (e)   This article shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

1351.02 DEFINITIONS.

Base flood. A flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
Existing construction. For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures."
Federal Emergency Management Agency (FEMA). The Federal agency responsible for the implementation and administration of the National Flood Insurance Program (NFIP).
FEMA. The abbreviated version of the Federal Emergency Management Agency.
Federal Insurance Administration (FIA). Located within FEMA, FIA is responsible for the implementation and administration of the NFIP. The FIA was previously a part of HUD (Department of Housing and Urban Development) and was reorganized together with other governmental offices, into the new FEMA.
Flood.
   (1)   A general and temporary condition of partial or complete inundation of normally dry land areas from:
      A.   The overflow of inland or tidal waters.
      B.   The unusual and rapid accumulation or runoff of surface waters from any source.
      C.   Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in above and are akin to a river of liquid as flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
   (2)   The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as flash flood or an abnormal nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (g)(1)A. of this section.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year. This is also known as the 100-year flood or the regulatory base flood
Flood of record. A flood which has occurred for which there are accurate local records available.
Flood boundary and floodway map. An official map on which the Federal Emergency Management Agency has delineated the boundaries of the floodway within the City of Wheeling.
Flood damage potential. The susceptibility of a specific land use at a particular location to damage by flooding, and the potential of the specific land use to increase off-site flooding or flood-related damages.
Flood-Fringe District. That area of the 100-year flood plain not included in the Floodway District.
Flood fringe area. The portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus 25% of the regulatory base flood discharge.
Flood hazard area. The floodplain consisting of the floodway and the flood fringe area.
Flood hazard design elevation. The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.
Flood insurance rate map. An official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Wheeling.
Flood insurance study. The official report from the Federal Emergency Management Agency which contains examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain.
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source as delineated on the flood map.
Flood plain districts. Those flood plain districts specifically designated in Section 1351.03 as being inundated primarily by the 100-year flood. Included would be areas identified as Floodway District (FW), Flood-Fringe District (FF) and General Flood Plain District (FA).
Floodproofing. A combination of structural and non-structural provisions, changes, or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to real estate, real property improvements, water and sanitary facilities, and other utilities, structures, and the contents of buildings.
Floodway. The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
Floodway district. Certain areas within the flood plain which must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one foot at any point.
Floodway, regulatory. The channel and the adjacent land areas that must be reserved in order to discharge the regulatory base flood without cumulatively increasing the water surface elevation more than two-tenths of one foot.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
General Flood Plain District. That flood plain area for which no detailed flood profiles or elevations have been provided.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
National Flood Insurance Program (NFIP). The Federal program, administered by the FEMA, which provides flood insurance to local jurisdictions.
One-hundred year flood. A flood that, on the average, is likely to occur once every 100 years, i.e., that has a one percent (1%) chance of occurring each year, although the flood may occur in any year.
Start of construction [for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)]. This includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either:
Before the improvement or repair is started, or
If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur 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:
a)   Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or
b)   Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Variance. A grant of relief by a community from the terms of a flood plain management regulation.

1351.03 ESTABLISHMENT OF FLOODPLAIN DISTRICTS.

   (a)   The Flood Plain Districts described below shall be overlays to the existing underlying districts as shown on the official Zoning Map, and as such, the provisions for the Flood Plain Districts shall serve as a supplement to the underlying district provisions.
   (b)   Where there happens to be any conflict between the provisions or requirements of any of the flood plain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the flood plain districts shall apply.
   (c)   In the event any provision concerning a flood plain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
   (d)   The boundaries of the flood plain districts are established as part of the official Zoning Map of the City, which is declared to be a part of this article and which shall be kept on file at the City offices.
   (e)   The various flood plain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for the City prepared by the FEMA and dated February 15, 1984, or any subsequent study:
      (1)   The Floodway District. The areas included in this District are specifically defined in the Floodway Data Table of the above referenced Flood Insurance Study and are shown on the accompanying Flood Boundary and Floodway Map.
      (2)   The Flood-Fringe District. The basis for the outermost boundary of this District shall be the 100-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.
      (3)   The General Flood Plain District. These areas are shown on the Maps accompanying the FIS prepared by FEMA. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers, Flood Plain Information Reports, U.S. Geological Survey - Flood Prone Quadrangles, etc. then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the City.
   (f)   The delineation of any of the flood plain districts may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies are conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission or other qualified agency or individual. These sources shall document the notification of such change. Prior to any such change, however, approval must be obtained from the Federal Insurance Administrator.
(Ord. 13235. Passed 6-21-06.)
   (g)   Initial interpretations of the boundaries of the flood plain districts shall be made by the City Engineer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Board of Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

1351.04 GENERAL PROVISIONS.

   (a)   The following general provisions shall apply.
      (1)   The standards of subsection (b) hereof shall be applicable within all Al-30 zones, unnumbered A zones and AO zones, on the Flood Insurance Rate Map of the City.
      (2)   All proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
      (3)   Building permit applications shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall:
         A.   Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
         B.   Be constructed with materials resistant to flood damage;
         C.   Be constructed by methods and practices that minimize flood damage; and
         D.   Be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
      (4)   New subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
         A.   All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
         B.   All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and
         C.   Adequate drainage is provided to reduce exposure to flood hazards.
      (5)   Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.
      (6)   Within flood-prone areas:
         A.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and
         B.   Onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding.
   (b)   The following general provisions shall apply.
      (1)   Building permits shall be required for all proposed construction and other developments including the placement of manufactured homes, within Zones A on the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the City.
      (2)   The standards in subsections (a)(2), (3) and (4) hereof shall be applicable to development within Zone A on the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the City.
      (3)   All new subdivision proposals and other proposed developments, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall include within such proposals base flood elevation data.
      (4)   Base flood elevation and floodway date available from a Federal, State or other source, including data developed pursuant to subsection (b)(3) hereof shall be obtained, reviewed and reasonably utilized as criteria for requiring that new construction, substantial improvements or other development in Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map meet the standards in subsections (c)(2), (3), (5), and (6) and (d) hereof.
      (5)   Where base flood elevation data are utilized, within Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map of the City, the Building Inspector of the City shall:
         A.   Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures; and
         B.   Obtain, if the structure has been floodproofed in accordance with subsection (c)(3)B. hereof, the elevation (in relation to mean sea level) to which the structure was floodproofed; and
         C.   Maintain a record of all such information.
      (6)   All manufactured homes to be placed within Zone A on the Flood Hazard Boundary Map or Flood Insurance Rate Map of the City, shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not 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.
      (7)   Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either
         A.   Be on the site for fewer than 180 consecutive days,
         B.   Be fully licensed and ready for highway use, or
         C.   Meet the permit requirements of subsection (b)(1) hereof and the elevation and anchoring requirements for "manufactured homes" in subsection (b)(6) hereof.
   A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
         (Ord. 13235. Passed 6-21-06.)
   (c)   The following general provisions shall apply.
      (1)   The standards of subsection (b) hereof shall be applicable within all Al-30 zones, AE zones, A zones and ZO zones, on the Flood Insurance Rate Map of the City.
      (2)   All new construction and substantial improvements of residential structures within Zones A1-30, AE on the Flood Insurance Rate Map of the City shall have the lowest floor (including basement) elevated to or above the base flood level.
      (3)   All new construction and substantial improvements of non-residential structures within Zones A1-30, AE on the F.I.R.M. of the City shall:
         A.   Have the lowest floor (including basement) elevated to or above the base flood level; or
         B.   Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
      (4)   Where a non-residential structure is intended to be made watertight below the base flood level:
         A.   A registered 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 for meeting the applicable provisions of subsection (c)(3)B. hereof.
         B.   A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Building Inspector of the City.
      (5)   It is required that for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be 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 registered professional engineer or architect or meet or exceed the following minimum criteria: 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 shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
      (6)   All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the Flood Insurance Rate Map of the City, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (b)(6) hereof.
   (d)   All uses, activities and development occurring within any flood plain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, such as the City Building Code and the Subdivision Regulations. In addition, all such uses, activities and development shall be undertaken only in compliance with Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. 1334.
   (e)   Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the City, the developer shall submit an engineering study prepared by a registered professional engineer which fully evaluates the effects of such construction. The report shall use the 100-year flood as herein defined as the basis of analysis. All adjacent communities and the West Virginia Division of Homeland Security and Emergency Management shall be notified by the developer by certified mail of all such intended activities prior to any alteration or relocation of a watercourse and shall submit copies of such notification to the FEMA Administrator. In addition, the developer shall assure the City in writing that the flood carrying capacity within the altered or relocated portion of the watercourse in question shall be maintained.
(Ord. 13235. Passed 6-21-06.)

1351.05 PERMITTED USES IN THE FLOODPLAIN.

   (a)   In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment and provided that they do not result in any increase in 100-year flood elevations:
      (1)   Agricultural uses.
      (2)   Public and private recreational uses and activities.
      (3)   Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas.
      (4)   Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
   (b)   In the Flood-Fringe District and the General Flood Plain District, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances and specifically the provisions of the City Building Code.

1351.06 SPECIAL USES IN THE FLOODWAY DISTRICT.

   (a)   The following uses and activities may be permitted by special permit in accordance with Article 1371 provided that they are in compliance with the underlying zoning district and are not prohibited by any other ordinance and provided that they do not result in any increase in 100- year flood elevations:
      (1)   Structures, except for mobile homes, accessory to the uses and activities in Section 1351.05 above.
      (2)   Utilities, and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants and other similar or related uses.
      (3)   Water-related uses and activities such as marinas, docks, wharves, piers, etc.
      (4)   Extraction of sand, gravel and other materials.
      (5)   Temporary uses such as circuses, carnivals and similar activities.
      (6)   Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
      (7)   Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
   (b)   In addition to any applicable specific additional standards prescribed in Article 1371, special uses in the Floodway District shall comply with the following standards:
      (1)   The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District.
      (2)   The danger that materials may be swept on to other lands or downstream to the injury of others.
      (3)   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
      (4)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
      (5)   The importance of the services provided by the proposed facility to the community.
      (6)   The requirements of the facility for a waterfront location.
      (7)   The availability of alternative locations not subject to flooding for the proposed use.
      (8)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
      (9)   The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
      (10)   The safety of access to the property in times of flood of ordinary and emergency vehicles.
      (11)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
   (c)   Notwithstanding any other provisions of this ordinance, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of National Flood Insurance Program (NFIP) Regulations, Part 65 - Identification and Mapping of Special Hazard Areas, Sec. 65.12, and receives the approval of the Administrator.
(Ord. 13235. Passed 6-21-06.)

1351.07 VARIANCES AND EXCEPTIONS.

   (a)   A zoning certificate shall be required for all construction and development in the flood plain and other applicable conditions, as stated in Section 1331.03, “Application of Regulations.”
   (b)   The Building Inspector shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law.
   (c)   Procedures for the granting of variances by the Board of Zoning Appeals are as follows:
      (1)   Variances shall not be issued by the Board within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
      (2)   Variances may be issued by the Board 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 with existing structures constructed below the base flood level, in conformance with the procedures of subsections (c)(3), (4), (5) and (6) hereof.
      (3)   Variances shall only be issued by the Board upon:
         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, and
         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;
      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
      (5)   The Board shall notify the applicant in writing over the signature of the Building Inspector that:
         A.   The issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance and,
         B.   Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (c)(6) hereof;
      (6)   The Board shall:
         A.   Maintain a record of all variance actions, including justification for their issuance, and
         B.   Report such variances issued in its annual or biennial report submitted to the Building Inspector; and
      (7)   Variances may be issued by the Board for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
         A.   The criteria of subsections(c)(1) - (4) hereof are met, and
         B.   The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.