Commentary (1/1/2021): The term “variance” as used in this subsection only applies to relief from the
provisions.
A. No
shall be issued within any designated
or regulatory
unless the Board of Adjustment finds the following:
1. The proposed
is not likely to cause any increase in
levels during the
discharge; and
2. The granting of a
will not result in increased
heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
B. In evaluating a
application, the Board of Adjustment shall consider all technical evaluations and all relevant standards specified in other sections of this UDO. Additionally, the Board shall assess:
1. The danger that materials may be 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
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 waterfront location, where applicable
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed uses
7. The compatibility of the proposed
with existing and anticipated
8. The relationship of the proposed
to the Comprehensive Growth Plan and
management program for that area
9. The safety of access to the property in times of
for ordinary and emergency vehicles
10. The expected heights, velocity, duration, rate of rise and sediment transport of the
waters and the effects of wave action, if applicable, expected at the site and
11. The costs of providing governmental services during and after
conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(Ord., 3-16-21)