(1) Appeal Board.
A. The Oxford Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Oxford Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter, and in accordance with Chapter 1129 and Chapter 1139 of the Oxford Planning & Zoning Code.
C. Those aggrieved by the decision of the Oxford Board of Zoning Appeals or any taxpayer, may appeal such decision to the Butler County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.
D. In passing upon such application, the Oxford Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
i. The danger that materials may be swept onto other lands to the injury of others;
ii. The danger to life and property due to flooding or erosion damage;
iii. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
iv. The importance of the services provided by the proposed facility to the community;
v. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
vi. The necessity to the facility of a waterfront location, where applicable;
vii. The compatibility of the proposed use with existing and anticipated development;
viii. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
ix. The safety of access to the property in times of flood for ordinary and emergency vehicles;
x. 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
xi. 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.
E. Upon consideration of the factors of subsection D. i-xi. hereof and the purposes of this chapter, the Oxford Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(2) Conditions for variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
C. 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 the items in subsection D. i-xi. hereof have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
D. Variances may 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.
E. Variances shall only be issued upon:
i. A showing of good and sufficient cause;
ii. 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; and
iii. 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, create nuisances, cause fraud on or victimization of the public as identified in subsection D. i-xi hereof, or conflict with existing local laws or ordinances.
iv. A determination that the structure or other development is protected by methods to minimize flood damages.
v. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. 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. 3128. Passed 10-19-10.)