1312.06 VARIANCE PROCEDURE.

   (a)   Appeal Board.

      (1)   The Board of Zoning Appeals as established by the City shall hear and decide appeals and requests for variances from the requirements of Title Two.

      (2)   The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Commissioner in the enforcement or administration of Title Two.

      (3)   Those aggrieved by the decision of the Board of Zoning Appeals or any taxpayer may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.

      (4)   In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of Title Two, and:

         A.   The danger that materials may be swept onto other lands to the injury of others;

         B.   The danger to life and property due to flooding or erosion damage;

         C.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

         D.   The importance of the services provided by the proposed facility to the community;

         E.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

         F.   The necessity to the facility of a waterfront location, where applicable;

         G.   The compatibility of the proposed use with existing and anticipated development;

         H.   The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

          I.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         J.   The expected heights, velocity, duration, rate of use and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

         K.   The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

      (5)   Upon consideration of the factors of Section 1312.06(a)(4) and the purposes of Title Two, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

      (6)   The Building Commissioner shall maintain the records of all appeal actions and report any variances to the Federal Management Agency upon request.

   (b)   Conditions for Variances.

      (1)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

      (2)   Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (3)   Generally, variances may be issued 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, providing items A. to K. in Section 1312.06(a)(4) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

      (4)   Variances may be issued for the repair, reconstruction or rehabilitation of historic structures 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.

      (5)   Variances shall only be issued 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 beyond that which is allowed in this Title, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as defined in Section 1312.06(a)(4), or conflict with existing local laws or ordinances.

      (6)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 95-200. Passed 8-15-95.)