(a) Appeals Board Established.
(1) The Planning Commission of the City of Chardon shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) All meetings of the Planning Commission shall be open to the public except that the Planning Commission may meet in executive session in accordance with Ohio law. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of all official actions. Records of the Planning Commission shall be kept and filed at City of Chardon, Planning and Zoning Department, 111 Water, Chardon, Ohio 44024.
(b) Powers and Duties.
(1) The Planning Commission shall hear and decide appeals where an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations is alleged.
(2) Authorize variances in accordance with subsection (d) hereof of these regulations.
(c) Appeals. Any person, including other property owners, affected by any notice and order, or other official action of the Floodplain Administrator, may request and shall be granted a hearing on the matter before the Planning Commission provided that such person shall file, within 20 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Planning Commission.
The Planning Commission shall hear the appeal within thirty-five (35) days of its receipt of the notice of appeal; shall give written notice of the hearing a minimum of ten (10) days prior to the hearing to such parties in interest as the Commission deems appropriate to the circumstances; and shall decide the appeal within thirty-five (35) days of the close of the hearing.
(d) Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Planning Commission 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 where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(1) Application for a variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator. Upon receipt, the variance shall be transmitted to the Community Development Administrator who shall proceed in accordance with the requirements of Chapter 1111 of the Planning and Zoning Code to schedule a public hearing before the Planning Commission.
B. Such application shall contain at least the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Chardon (see Codified Ordinance Chapter 1125
Fees).
(2) Administrative Process. The application shall be administered in accordance with the process set forth in Chapter 1111
of the Planning and Zoning Code.
(3) Decision. At the hearing the applicant shall present evidence to the Planning Commission to support the variance application.
A. The Planning Commission, in its written Announcement of Decision, shall consider all evidence presented and make findings of fact on all relevant factors including the following:
1. The danger that materials may be swept onto other lands to the injury of others.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4. The importance of the services provided by the proposed facility to the community.
5. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
6. The necessity to the facility of a waterfront location, where applicable.
7. The compatibility of the proposed use with existing and future development.
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
9. The safety of access to the property in times of flood for ordinary and emergency vehicles.
10. 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.
11. The costs of providing government 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.
B. Variances shall only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in unnecessary hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an unnecessary hardship to the applicant.
3. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
4. A determination that the structure or other development is protected by methods to minimize flood damage.
5. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of these regulations, the Planning Commission may attach such conditions to the granting of a variance as it deems necessary to further the purposes of these regulations.
(4) Other conditions for variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. 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 in subsection (d)(3)A.1. to 11. hereof have been fully considered. As the lot size increases beyond one half acre, the technical justification required for issuing the variance increases.
C. An 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.
(e) Appeal to the Court. Those aggrieved by the decision of the Planning Commission may appeal such decision in accordance with the provisions set forth in the Planning and Zoning Code and the Ohio Revised Code.
(Ord. 2535. Passed 5-21-09;
Ord. 3040. Passed 12-13-18.)