(a) The Planning Commission may grant a variance from the requirements of Section 1333.16 where topographic, drainage or other physical characteristics of the site or adjacent lands are such that compliance with the requirements of Section 1333.16 may aggravate existing flood hazards as, for example, where the elevation of a structure by the use of fill to the height required by Section 1333.16 threatens increased flood damage to neighboring properties and elevation by means other than fill is not possible for reasons other than cost.
(c) Applications for allowance of a variance shall be submitted on forms provided by the Commissioner and shall contain the following acknowledgment:
I (we), being all of the owner(s) of the property described in this application, understand that this property is in an area of special flood hazard. I (we) do further understand that this application seeks permission to construct a structure, or to substantially improve an existing structure, with the lowest floor lower than the water surface level expected during the occurrence of a base flood. I (we) do further acknowledge that construction of the improvement in the manner proposed by this application substantially increases the risk to life and property threatened by flood conditions. I (we) do further understand that the premium to be charged for a policy insuring the property against damage due to flood will be increased substantially if this application is approved and the improvement is constructed in the manner herein proposed.
(d) Applications for allowance of a variance at a minimum shall include 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.
(e) An application for variance shall not be accepted for filing unless signed by all owners of the subject property.
(f) The Planning Commission shall consider an application for variance in conjunction with the review of any related application filed pursuant to Section 1181.01 or 1165.08 of the Codified Ordinances seeking authorization to move, expand, enlarge, alter or restore a structure devoted to a nonconforming use or to substitute one nonconforming use for another nonconforming use. The Planning Commission shall consider the necessity of a variance as a factor weighing against the allowance of such relief.
(g) In addition to all factors required by Chapter 1165.08 of the Codified Ordinances, the Planning Commission shall consider the following criteria in determining to grant or deny a variance:
(1) The compatibility of the proposed use with existing and anticipated development and with the stated objective of the Zoning Code to reserve the flood plain for open air uses;
(2) The necessity for the proposed development to be located on a waterfront site;
(3) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage or, if a waterfront location is required. at which the height, velocity, duration, rate of rise and sediment transport of flood waters may reasonably be expected to be less severe;
(4) The importance to the community of the services to be provided by the proposed facility;
(5) The susceptibility of the structure or other facility and its contents to flood damage and the effect of such damage on the individual owner;
(6) The danger that materials may be swept onto other lands to the injury of others;
(7) The danger to life and property due to flooding or erosion damage;
(8) The safety of access to the property by emergency and nonemergency vehicles during periods of flood conditions;
(9) The cost of providing governmental and utility services to the property during and after the occurrence of flood conditions including the probable costs to be incurred maintaining and repairing streets, sewerage, and water, gas and electric distribution facilities;
(10) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; and
(11) 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.
(h) 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 exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional 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 damages; and
(5) Any variance allowed shall authorize the minimum departure from the standard necessary to afford relief and shall condition the allowance of the variance on the employment of such alternative floodproofing techniques as the Planning Commission determines appropriate to minimize flood damage to the subject property and safeguard neighboring properties.
(i) The allowance or disallowance of a variance by the Planning Commission shall constitute a final administrative determination for purposes of Chapter 2506 of the Ohio Revised Code.
(j) Other Conditions for Variances.
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of on-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1333.20(e) have been fully considered.
As the lot size increases beyond on-half acre, the technical justification required for issuing the variance increases.
(k) Any applicant to whom a variance is granted shall be given written notice that the structures 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.
(Ord. 8289. Passed 3-2-21.)