(A) All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement or the freeboard requirement may be handled at the discretion of the Appeals Board.
(B) All decisions on appeals to all other provisions of this chapter shall adhere to the following criteria.
(1) An affirmative decision shall only be issued by the Appeals Board upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
(c) A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing locals laws or ordinance.
(2) An affirmative decision shall be issued only upon determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as a sole criterion, shall not be considered sufficient justification to grant an appeal.
(3) An affirmative decision shall be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(4) (a) The Appeals Board shall notify the applicant, in writing, over the signature of a town official that:
1. The issuance of a decision to allow the construction of a structure below the base flood elevation will result in increased premium rates for flood insurance; and
2. Such construction below the base flood elevation increases risks to life and property.
(b) Such notifications shall be maintained with a record of all decisions as required in division (B)(4)(a) above.
(5) The Appeals Board shall:
(a) Maintain a record of all decisions, including justification for their issuance; and
(b) Report such decisions issued in its biannual report to the Federal Emergency Management Agency (FEMA).
(6) An affirmative decision shall not be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation.
(Ord. passed 6-5-2012)