§ 152.065 APPEALS BOARD ESTABLISHED.

   The City Council appoints the Board of Zoning Appeals as the Appeals Board (“the Board”) in accordance with the provisions of Article VII of the Charter.

(Prior Code, § 25.05.01)

§ 152.066 POWERS AND DUTIES.

   (A)   The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of this chapter.

   (B)   Authorize variances in accordance with § 152.068.

(Prior Code, § 25.05.02)

§ 152.067 APPEALS.

   (A)   Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Board; provided that such person shall file, within 30 days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator’s decision. Such appeal shall be in writing on forms provided by the Floodplain Administrator, signed by the applicant and be filed with the Floodplain Administrator.

   (B)   Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator’s decision was made to the Board.

   (C)   Upon receipt of the notice of appeal, the Board shall fix a reasonable time for the appeal but, in no case, more than 30 days from receipt of a completed appeal application, give notice, in writing, to parties in interest at least ten days in advance of the initial hearing, and decide the appeal within 30 days after a final hearing.

(Prior Code, § 25.05.03)

§ 152.068 VARIANCES.

   Any person believing that the use and development standards of this chapter would result in unnecessary hardship may file an application for a variance. The Board shall have the power to authorize, in specific cases, such variances from the standards of this chapter, not inconsistent with federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of this chapter 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 application for a variance, shall transmit it to the Board.

      (2)   Such application shall be on forms provided by the Floodplain Administrator and, at a minimum, shall contain the following information: name, address and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; reason for the variance request; and any other information deemed necessary by the Floodplain Administrator.

      (3)   The Board shall hear the case and render a decision in the same manner and practice as a zoning appeal.

      (4)   All applications shall be accompanied by an administrative fee of $50 to cover the cost of mailings, notifications and legal advertisement or an amount as established by separate City Council ordinance.

   (B)   Notice for public hearing. The Board shall schedule and hold a public hearing within 30 days after the receipt of a completed application for a variance from the strict requirements of this chapter. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing. Parties of interest shall also be notified at least ten days in advance of the hearing.

   (C)   Public hearing. At such hearing, the applicant shall present such statements and evidence as the Board requires. In considering such variance applications, the Board shall consider and make findings of fact on all evaluations, all relevant factors and standards specified in other sections of this chapter and the following factors:

      (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 availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;

      (6)   The necessity to the facility of a waterfront location, where applicable;

      (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 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 floodwaters 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.

   (D)   Variance issuance.

      (1)   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 this chapter 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 this chapter; 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.

      (2)   Upon consideration of the above factors and the purposes of this chapter, the Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this chapter.

   (E)   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 divisions (C)(1) to (C)(11) above 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 flood protection elevation requirement and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Prior Code, § 25.05.04)

§ 152.069 PROCEDURE AT HEARINGS.

   (A)   All testimony shall be given under oath.

   (B)   A complete record of the proceedings shall be kept including all documents presented and a verbatim record of the testimony of all witnesses.

   (C)   The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

   (D)   The administrator may present evidence or testimony in opposition to the appeal or variance.

   (E)   All witnesses shall be subject to cross-examination by the adverse party or their counsel.

   (F)   Evidence that is not admitted may be proffered and shall become part of the record for appeal.

   (G)   The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

   (H)   The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the final hearing but in no case more than 30 days.

(Prior Code, § 25.05.05)

§ 152.070 APPEAL TO THE COURT.

   Those aggrieved by the decision of the Board may appeal such decision to the County Court of Common Pleas, as provided in R.C. Chapter 2506.

(Prior Code, § 25.05.06)

ENFORCEMENT