(a) Appeal Board.
(1) The Board of Zoning Appeals as established by the Village shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Chief Administrative Officer in the enforcement or administration of this chapter.
(3) Meetings and hearings of the Board shall be conducted in accordance with Section 1111.04 of the Zoning Code.
(4) Determination of a quorum, requirements for official decisions and the conduct of meetings of the Board shall be in accordance with Section 1111.05 of the Zoning Code.
(5) Applications for appeals and variances shall be considered by the Board in accordance with Section 1111.03 of the Zoning Code. Variances shall be issued upon a determination that:
A. The granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter, additional threats to public safety, extraordinary public expense, create nuisances, or conflict with subsection (a)(6) hereof, or existing local laws or ordinances; and,
B. The structure or other development is protected by methods to minimize flood damages.
(6) In passing upon such applications, the Board shall consider and make findings of fact on all technical evaluations, all relevant factors, standards specified in other sections of this chapter, 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 Village;
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 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; and,
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.
(7) Upon consideration of the factors of subsection (a) (6) hereof and the purposes of this chapter, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(8) In addition to the requirements of Section 1111.06 of the Zoning Code, the Chief Administrative Officer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(b) Conditions for Variances.
(1) Variances may only be issued where due to physical characteristics of the property compliance with the requirements of this chapter creates an unnecessary hardship. Increased cost or inconvenience of meeting the requirements of this chapter do not constitute an unnecessary hardship.
(2) Additionally, variances for new construction and substantial improvements to existing structures in the floodplain shall be granted only after the Board considers and makes findings of fact as required in paragraph (a) (6).
(3) Notwithstanding the other provisions of this section, variances may be issued for the reconstruction, rehabilitation or restoration 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.
(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Any applicant to whom a variance is granted shall, if applicable, be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(c) Lapse of Variances. A variance, once granted, shall expire in one year subject to the requirements of Section 1111.10 of the Zoning Code.
(d) Action by Council. Following a decision by the Board, each case shall be referred to Council. After reviewing the Board's decision, Council may confirm, amend, or reverse, the decision by a majority vote of its membership. Immediately following Council's decision, a record of such decision, including notice of the expiration date of an approved variance, shall be mailed to the applicant.
(Ord. 2005-22. Passed 4-11-05.)