In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors:
(A) The showing of good and sufficient cause.
(B) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the 100-year flood elevation.
(C) The danger that materials may be swept on to other lands or downstream to the injury of others.
(D) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(E) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(F) The importance of the services provided by the proposed facility to the community.
(G) The requirements of the facility for a waterfront location.
(H) The availability of alternative locations not subject to flooding for the proposed use.
(I) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(J) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(K) The safety of access by ordinary and emergency vehicles to the property in time of flood.
(L) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(M) The repair 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.
(N) Such other factors which are relevant to the purposes of this chapter.
(O) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(P) Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in:
(1) Unacceptable or prohibited increases in flood heights;
(2) Additional threats to public safety;
(3) Extraordinary public expense; and will not:
(a) Create nuisances;
(b) Cause fraud or victimization of the public; or
(c) Conflict with local laws or ordinances.
(Q) Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from exceptional hardship to the applicant.
(R) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation:
(1) Increases the risks to life and property; and
(2) Will result in increased premium rates for flood insurance.
(S) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
(Ord. passed 8-12-2008)