§ 152.16  VARIANCE PROCEDURE.
   (A)   The [Name Of Appeal Board] shall hear and decide appeals and requests for variances from the requirements of these regulations.
   (B)   The [Name Of Appeal Board] shall hear and decide appeals where it is alleged there is an error in any requirement, decision, or determination made by the Local Floodplain Coordinator in the enforcement or administration of these regulations.
   (C)   Any person aggrieved by the decision of the [Name Of Appeal Board] may appeal such decision to the appropriate court of law, as provided in the Kentucky Revised Statutes.
   (D)   Variances may be issued for the repair or rehabilitation of historic structures upon determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variation is the minimum to preserve the historic character and design of the structure.
   (E)   In passing upon such applications, the [Name Of Appeal Board] shall consider all technical evaluations, all relevant factors, all 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 necessity of the facility to a waterfront location, in the case of a functionally dependent facility.
      (6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
      (7)   The compatibility of the proposed use with existing and anticipated development.
      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program for the 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.
      (11)   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as water, gas, electrical, and sewer systems, and streets and bridges.
   (F)   Upon consideration of the factors listed in this chapter and the purpose of these regulations, the [Name Of Appeal Board] may attach such conditions to the granting of the variation as it deems necessary to further the purposes of these regulations.
   (G)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
   (H)   Conditions for variances.
      (1)   Variances shall only be issued upon determination that the variation is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
      (2)   Variations shall only be issued upon:
         (a)   A showing of good and sufficient cause;
         (b)   A determination that failure to grant the variance would result in exceptional hardship;
         (c)   A determination that granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      (3)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
      (4)   The Local Floodplain Coordinator shall maintain the records of all appeals and report any variances to the Federal Emergency Management Agency upon request.
(Ord. 2007-O-17, passed 10-1-07)