(A) Appeal Board.
(1) The Appeal Board as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Safety-Service Director in the enforcement or administration of this chapter.
(3) Those aggrieved by a decision of the Appeal Board, or any taxpayer, may appeal such decision to the Hamilton County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.
(4) In passing upon applications, the Appeal Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of this chapter and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(f) The necessity to the facility of a waterfront location, where applicable;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
(i) The safety of access to the property, in times of flood, for ordinary and emergency vehicles;
(j) 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
(k) 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.
(5) Upon consideration of the factors set forth in division (A)(4) of this section, 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.
(6) The Safety-Service Director shall maintain the records of all appeal actions and report any variance to the Federal Emergency Management Agency upon request.
(B) Conditions for variances.
(1) Variances may only be issued where, due to physical characteristics of the property compliance with the requirements of this chapter creates an exceptional hardship. Increased cost or inconvenience of meeting the requirements of this ordinance do not constitute an exceptional hardship.
(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, provided that the provisions of division (A)(4) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
(3) 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.
(4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) 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 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; create nuisances; cause fraud on or victimization of the public, as identified in division (A)(4) of this section; or conflict with existing local laws or ordinances; and
(d) A determination that the structure or other development is protected by methods to minimize flood damages.
(7) 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 that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(`82 Code, § 1472.14) (Ord. 86-89, passed 12-16-86; Am. Ord. 2004-40, passed 4-27-04)