(A) Whenever any person is aggrieved by a decision of the Designated Enforcement Officer with respect to the provisions of this chapter, it is right of that person to appeal to the Board of Zoning Appeals for a variance. Such appeal must be filed, in writing, within 30 days after the determination by the designated enforcement officer. Upon receipt of such an appeal, the Board of Zoning Appeals shall set a time and place for the purpose of hearing the appeal, which shall not be less than two (10) nor more than 30 days from the date of the receipt of a complete application for the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the Board of Zoning Appeals shall be final in all cases.
(B) In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following factors:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the 1% chance flood elevation.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and floodplain management program.
(10) The safety of access by ordinary and emergency vehicles to the property in the time of a flood.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(12) The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted 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.
(13) Such other factors which are relevant to the purposes of this chapter.
(a) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(b) Variances shall be issued only after the Board of Zoning appeals has determined that the granting of such will not result in (1) unacceptable or prohibited increases in flood heights, (2) additional threats to public safety, (3) extraordinary public expense; and will not (4) create nuisances, (5) cause fraud or victimization of the public, or (6) conflict with local laws or ordinances.
(c) Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.
(d) The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the 1% chance flood elevation (1) increases the risks to life and property and (2) will result in increased premium rates for flood insurance.
(e) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administration.
(14) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(15) Such other factors which are relevant to the purposes of the chapter.
(C) The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(D) Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (1) unacceptable or prohibited increase in flood heights, (2) additional threats to public safety, (3) extraordinary public expense, and will not (4) create nuisances, (5) cause fraud or victimization of the public, or (6) conflict with local laws or ordinances.
(E) Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief from hardship to the applicant.
(F) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100-year flood elevation (1) increases the risks to life and property and (2) will result in increased premium rates for flood insurance.
(G) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances, which are issued, shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
(Ord. passed - -20 )