(A) The Board of Adjustment and Appeals, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Board of Adjustment and Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director of Public Works or his or her designee in the enforcement or administration of this chapter.
(C) Those aggrieved by the decision of the Board of Adjustment and Appeals, or any taxpayer, may appeal such decisions to the Circuit Court as provided by law.
(D) In passing upon such applications, the Board of Adjustment and Appeals 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 or waterways 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 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 the floodplain management program of 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; 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, water systems, streets and bridges.
(E) Upon consideration of the factors in § 157.30(D) and the purposes of this chapter, the Board of Adjustment and Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(F) The Director of Public Works or his or her designee shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency and Management Agency.
(Prior Code, § Q-13-123) (Ord. 833, passed - -)