§ 152.52  VARIANCE PROCEDURES.
   (A)   The Construction Board of Adjustment as established by the town shall hear and decide appeals and requests for variances from the requirements of this chapter.
   (B)   The Construction Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this chapter.
   (C)   Any person aggrieved by the decision of the Construction Board of Adjustment or any taxpayer may appeal such a decision to the appropriate court as provided in the state statutes.
   (D)   Variances may be issued for the repair, rehabilitation or restoration of historic structures (see definition) without regard to the procedures set forth in the remainder of this section; except for § 152.53(A) and (D), and upon a determination the proposed repair or restoration will not result in the building losing its designation as an historical structure and the variance is the minimum to preserve the historic character and design.
   (E)   Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternatives exist, and the development is protected by methods that minimize flood damage and create no additional threat to public safety.
   (F)   In passing upon such applications, the Construction Board of Adjustment 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 from that 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; and
      (11)   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.
   (G)   Upon consideration of the factors listed above, and the purposes of this chapter, the Construction Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(‘81 Code, § 152.04 d.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93; Am. Ord. 18039, passed 6-14-18)