1331.18 VARIANCES.
(a) Any person directly affected by the actual application of this Chapter who believes that the use and development standards of these regulations would result in unnecessary hardship to that person may file an application for a variance to the Board of Building Code Appeals as provided in Chapter 1311 of this Building Code. The Board shall hear and decide requests for variances from the standards in this Chapter. The Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.
(b) Applications for variances shall be submitted to the Floodplain Administrator in writing, along with the fee required by Chapter 1311, and the Administrator shall promptly transmit the application to the Board, which shall decide whether to grant the variance requested based on the standards in Chapter 1311 of this Building Code, subject, however, to the additional criteria set forth in this Section and Section 1331.19.
(c) An application for a variance shall, at a minimum, contain the following information: name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
(d) In considering all applications for variances from the terms of this Chapter, the Board of Building Code Appeals shall hold a hearing at which the appellant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Board shall consider and make findings of fact on all relevant factors, other relevant provisions of this Building Code and the Codified Ordinances, and the following criteria:
(1) The danger that materials may be swept by flooding onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed use and its contents to flood damage and the effect of such damage on the individual owner.
(4) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(5) The necessity to the use of a waterfront location, where applicable.
(6) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area.
(7) The safety of access to the property in times of flooding for ordinary and emergency vehicles.
(8) The expected heights, velocity, duration, rate of rise and sediment transport of flood waters and the effects of wave action, if applicable, expected at the site.
(9) 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.
(10) The importance of the services provided by the proposed facility to the community.
(11) The compatibility of the proposed use with existing and anticipated development.
(e) The hearing of any such request for a variance by the Board shall be recorded and shall provide the applicant the right to present witnesses and evidence under oath.
(f) The Board shall decide the request for a variance within a reasonable time after the conclusion of the hearing, and may make its decision in executive session. The decision shall be in writing and shall include findings of fact any relevant conclusions of law.
(g) Upon consideration of the above factors, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.
(Ord. 10-125. Enacted 11-22-10.)