(A) The Board of Adjustment shall hear and decide appeals from any order, decision, determination or interpretation made by the Floodplain Administrator pursuant to or regarding these regulations.
(B) The Board of Adjustment shall hear and decide petitions for variances from the requirements of this chapter.
(C) Variances may be issued for the repair or rehabilitation of historic structures upon the 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.
(D) In passing upon such application, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter and the:
(1) Danger that materials allowed to be placed in the floodway as a result of the variance may be swept onto other lands to the injury of others during a base flood;
(2) Danger to life and property due to flooding or erosion damage from a base flood;
(3) Susceptibility to the proposed facility and its contents to flood damage and the effect of such damage during the base flood;
(4) Importance of the services provided by the proposed facility to the community;
(5) Necessity to the facility of a waterfront location, where applicable;
(6) Availability of alternative locations, not subject to flooding or erosion damage during a base flood, for the proposed use;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the Town Land Use Plan, County Floodplain Management Guidance Document, County Flood Hazard Mitigation Plans, the County Greenway Plan and any other adopted land use plans for that area;
(9) Safety of access to the property in times of a community base flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters during a base flood and the effects of wave action, if applicable, expected at the site; and
(11) 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 listed above and the purposes of this chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(F) A written report addressing each of the above factors shall be submitted with the application for a variance.
(1995 Code, § 26-56) (Ord. 2009-03, passed 2-10-2009; Ord. 2013-02, passed 3-12-2013; Ord. 2014-00, passed 2-11-2014)