(A) (1) The Planning Commission shall act as the Appeals Board for the city and shall hear and decide appeals and requests for variances for the requirements of this chapter. Decisions of the Planning Commission may be appealed to the City Council in writing within ten days of the date the Planning Commission’s decision notice is transmitted to the applicant.
(2) The appeal processing fee must be submitted with the appeal.
(B) In passing upon requests for variances, the city shall consider all technical evaluations, all relevant factors, standards specified in other articles of this chapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others;
(2) Danger of life and property due to flooding or erosion damage;
(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the existing individual owner and future owners of the property;
(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 for the proposed use which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters 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 system and streets and bridges.
(C) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance of $25 or more for each $100 of insurance coverage; and
(2) The construction below the base flood elevation increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(D) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(`61 Code, § 26.6-2) (Ord. 913, passed 4-18-2000)