1310.11 APPEAL BOARD; VARIANCE PROCEDURE.

   (a)    The Board of Building Appeals, as established by the City, shall hear and decide appeals and requests for variances from the requirements of this chapter. Any person 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 Appeals Board provided that such person shall file, within 30 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 Appeals Board. Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

   (b)   The Board of Building Appeals shall hear and decide appeal when it is alleged there is an error in any requirement, decision or determination made by the City Engineer in the enforcement or administration of this chapter.

   (c)   Those aggrieved by the decision of the Board or any taxpayer may appeal such decision to the Summit County Court of Common Pleas.

   (d)   In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter; and

      (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 which 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 anticipated development;

      (8)    The relationship of the proposed use to the comprehensive plan and. flood plain 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 flood waters and the effects of wave action, if applicable, 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 systems and streets and bridges.

   (e)   Upon consideration of the factors of subsection (d) hereof and the purposes of this chapter, the Board may attach such conditions to the granting of variances as it deem necessary to further the purposes of this chapter.

   (f)   The City Engineer shall maintain the records of all appeal actions and report any variances to FEMA upon request. (Ord. 52-2009. Passed 6-8-09.)