(a) Appeals Board Established.
(1) The Village Council shall hear and decide all appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator, Building Inspector, and/or Planning and Zoning Commission in the administration or enforcement of these regulations.
(2) The Village Council may authorize variances in accordance with division (b) of this Section.
(b) Variances. Any person believing that the use and development standards of these regulations would result in practical difficulties may file an application for a variance. The application shall first be submitted to the Planning Commission for its recommendation and then to the Village Council for final decision. The Village Council shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest as determined by Council where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in practical difficulties.
(1) Application for a Variance. The application process for variances to these regulations will follow the application procedures for zoning variances set forth in Section 1262.02 of the Village's Ordinances.
(2) Public Hearing. Village Council shall consider and make findings of fact on all evaluations, all relevant factors, and standards specified in other sections of these regulations and the following factors:
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 that is not subject to flooding and 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 floodplain 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 rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs 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.
(3) Additional Conditions of Variances Specific to this Section. Along with the standards for granting a variance, Planning Commission and Council shall also consider whether granting of a variance will increase flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense; nuisances. Additionally, a variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) 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. 2004-23. Passed 11-17-04; Ord. 2009-20. Passed 11-23-09.)