Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Board of Zoning Appeals shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(a) Application for a variance.
(1) Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Board of Zoning Appeals.
(2) Such application at a minimum shall contain the following information:
A. Name, address, and telephone number of the applicant;
B. Legal description of the property;
C. Parcel map;
D. Description of the existing use;
E. Description of the proposed use;
F. Location of the floodplain;
G. Description of the variance sought; and
H. Reason for the variance request.
(3) All applications for a variance shall be accompanied by a variance application fee set in the Schedule of Fees adopted by the Village Council.
(b) Notice for public hearing. The Board of Zoning Appeals shall schedule and hold a public hearing within 30 days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given not less than ten days prior to the date of the hearing by written notice which shall be mailed by the Clerk of Council, by first class mail, to the owners of the property within, contiguous to and directly across the street from the affected parcel or parcels, to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list that may be specified by the legislative authority, or by such other means as the municipality deems appropriate, such as publishing notice in a newspaper of general circulation. Failure of any person, other than the applicant, to receive notice of any hearing under this section shall in no way affect the validity of the action taken.
(c) Public hearing.
(1) At such hearing the applicant shall present such statements and evidence as the Board of Zoning Appeals requires. In considering such variance applications, the Board of Zoning Appeals shall consider and make findings of fact on all evaluations, all relevant factors, and standards specified in other sections of these regulations and the following factors:
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 floodplain 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.
(2) Variances 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 due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant;
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws;
D. A determination that the structure or other development is protected by methods to minimize flood damages; and
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(3) Upon consideration of the above factors and the purposes of these regulations, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.
(d) Other conditions for variances.
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Generally, variances 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, providing items in division (c)(1)A. to K. of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(3) 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 the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 2004-25, passed 6-3-2004)