(A) Hearings. Upon the filing with the Board of Adjustment an appeal or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
(B) Decisions. The Board shall arrive at a decision on an appeal or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in division (B)(2) below.
(2) Factors upon which the decision of the Board of Adjustment shall be based. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:
(a) The danger to life and property due to increased flood heights or velocities caused by encroachments;
(b) The danger that materials may be swept on to other land or downstream to the injury of others;
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(e) The importance of the services provided by the proposed facility to the city;
(f) The requirements of the facility for a floodplain location;
(g) The availability of alternative locations not subject to flooding for the proposed use;
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site;
(l) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges; and
(m) Such other factors which are relevant to the purpose of this chapter.
(2) Conditions attached to variances.
(a) Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.
(b) Such conditions may include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities;
2. Limitation of periods of use and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modifications, dikes, levees and other protective measures; provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter; and
5. Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces and other factors associated with the regulatory flood.
(c) The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(Ord. 2021-03, passed 3-15-2021)