A. The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the administration of this Chapter or in a determination regarding a request for a variance.
B. In making such determinations and decisions the Building Official and Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and:
1. The danger of materials being swept onto other lands to the injury of others;
2. The danger of 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 necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated 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 time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
11. 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 system, and streets and bridges.
C. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structure constructed below the base flood level, providing the items set forth in Subsections 15.03.085 B.1. through B.11., above, have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases.
D. Upon consideration of the factors of Subsection 15.03.085 B., above, and the purposes of this Chapter, the Building Official or Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
E. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
('65 Code, § 9-157) (Ord. 2021-004 § 1 (part))