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BILL 151 ANALYSIS/CONCERN <br /> Section 27-8. Other laws and regulations: Staff would assume this also includes the Fair Housing <br /> "Al] construction and improvements subject to this Act Accessibility Guidelines <br /> chapter shall comply with other applicable laws and <br /> regulations" <br /> Section 27-8. Other laws and regulations: New construction is required to comply with the Fair <br /> "This chapter ...shall take precedence over any less Housing Act. Is this section claiming it will take <br /> restrictive, conflicting laws, ordinances, and precedence over FHAAG or does new construction still <br /> regulations." have to comply with both? <br /> This chapter's requirements for Zone X (unshaded), <br /> does not allow new construction required to comply <br /> with the Fair Housing Act the site impracticability <br /> exception in the FHAAG #l, Section 2(b). (To be <br /> discussed in more detail below). <br /> Section 27-12. Definitions: The phrases "temporary condition" and "any source" <br /> "Flood, flooding, or floodwater" means: used in the definition are so general and vague that it <br /> 1. A general and temporary condition of partial or applies to almost any circumstance and cause. <br /> complete inundation of normally dry land areas from: <br /> B. The unusual and rapid accumulation of run off or <br /> surface waters from any source <br /> Section 27-12. Definitions: The wording, "any land" and "any source", is too broad <br /> "Floodplain or flood-prone area" means any land area and vague. Almost every piece of property at one time <br /> susceptible to being inundated by water from any or another can be said to be "flood-prone" since the <br /> source (see definition of "flooding"). definition of flooding is "a temporary condition of <br /> partial inundation from any source of water". <br /> Section 27-12. Definitions: This definition includes "physical handicap" within a <br /> [n the definition of "hardship" this section states: category which describes "opinions and outlooks" such <br /> "Inconvenience, aesthetic considerations, physical as aesthetic consideration or personal preference. The <br /> handicaps, personal preferences, or the disapproval of Bill must allow disability as a variance to comply with <br /> <br /> one's neighbors likewise cannot, as a rule, qualify as the Americans with Disabilities Act Title II. <br /> exceptional hardships. All of these problems can be (See analysis of article 5, variance) <br /> solved through other means, without granting a <br /> <br /> variance. This is so even if the alternative means are <br /> <br /> more expensive or complicated than building with a <br /> <br /> variance, or if hey require the property owner to put the <br /> parcel to a different use than originally intended, or to <br /> build elsewhere." <br /> Section 27-12. Definitions: This appears to include alterations built between May <br /> <br /> "New construction" for floodplain management 5, 1982 and the present. Would alterations now require <br /> <br /> purposes, means structures for which the "start of the entire structure to be brought into compliance or <br /> construction" commenced on or after May 5, 1982 and only that portion which is being altered? <br /> includes an subse uent im rovements to such <br /> <br />