Procedures.
(1) The Zoning Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Superintendent of the Building Department in the enforcement or administration of this chapter.
(3) Persons aggrieved by a decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Circuit Court, as provided by law.
(4) In passing upon applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
A. The danger that materials may be swept onto other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
F. The necessity to the facility of a waterfront location, where applicable;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
I. The safety of access to the property, in times of flood, for ordinary and emergency vehicles;
J. 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; and
K. 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 and water systems and streets and bridges.
(5) Upon consideration of the factors set forth in paragraph (a)(4) hereof, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6) The Superintendent shall maintain the records of all appeal actions, including technical information, and report any variance to the Federal Emergency Management Agency upon request.
Conditions for Variances.
(1) Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, provided that the provisions of paragraph (a)(4) hereof have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(2) A variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
(3) A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) A variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) A variance 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 to the applicant; and
C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public, as identified in paragraph (a)(4) hereof; or conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Res. 82-918. Passed 10-4-82.)