ZONING BYLAW - Town of Charlton

6.4.5 The Board of Zoning Appeals may specify such additional requirements and conditions as
it finds necessary to protect the health, safety and welfare of the public and the occupants of the
proposed use.
6.4.6 A special permit shall not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
6.4.7 If a special permit is granted, the Zoning Board of Appeals shall notify the applicant in
writing above their signatures that:
6.4.7.1 The issuance of such a special permit to construct a structure below the base
flood elevation will result in increased premium rates for flood insurance up to amounts
as determined by National Flood Insurance Coverage.
6.4.7.2 Such construction below the base flood level increases risks to life and property.
6.4.8 The Zoning Board of Appeals shall maintain a record of all special permit actions
including justification for their issuance and report such special permit actions in the Annual
Report submitted to the Federal Flood Insurance Administration.
6.5 Application for a Variance
The Zoning Board of Appeals may grant a variance from these flood plain district requirements
upon a determination that the variance is the minimum necessary action, considering the flood
hazard, to afford relief to an applicant in the case of:
6.5.1 New structures to be erected on a lot contiguous to and surrounded by lots with existing
structures constructed below the flood protection elevation; or
6.5.2 The restoration or reconstruction of a structure listed on the National Register of Historic
Places or an Official State Inventory of Historic Places.
6.6 Reasons for Denial of a Variance
6.6.1 Variances shall not be issued for any new construction, substantial improvement, or other
development in a designated flood plain zone which would result in a significant increase in
flood heights within the Town during the occurrence of the one hundred (100) year flood.
6.6.2 Variances shall not be issued except 1) that the Zoning Board of Appeals specifically finds
that owing to circumstances relating to the soil conditions, shape or topography of such land or
structures and especially affecting such land or structures, but not affecting generally the zoning
district in which it is located, a literal enforcement of the provisions of this Bylaw would involve
substantial hardship, financial or otherwise, to the applicant or petitioner, and that desirable
Charlton Zoning Bylaw, 09/2012 91