(A) A variance may not be granted unless the Board of Adjustment makes findings of fact supporting its conclusions, and concludes, at a minimum, that:
(1) There are special circumstances or conditions applying to the land, building, or use referred to in the application which exists through no fault of the property owner;
(2) The granting of the application is necessary for the preservation and enjoyment of property rights;
(3) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use, and will not be materially detrimental to the public welfare or injurious to property or improvement in such neighborhood;
(4) A denial of the application would cause unnecessary hardships to the landowner;
(5) In areas of special flood hazard the Board of Adjustment must additionally conclude that:
(a) No increase in flood levels will result within any designated floodway during the base flood discharge as a result of granting the variance;
(b) A more limited or narrower variance would not provide relief;
(c) Failure to grant the variance would result in exceptional hardship (see § 156.121) to the property-owner;
(B) NOTE: The Board of Adjustment must make specific findings of fact, based on evidence introduced, on the following issues, and these findings of fact must not be inconsistent with the conclusions concerning variances in areas of special flood hazard:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding 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 importance of the services provided by the proposed use to the community;
(5) The necessity for the use of a waterfront location, where applicable;
(6) The availability of alternative locations on the same parcel, not subject to flooding damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(9) 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
(10) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as wastewater, gas, electrical, and water systems, and streets and bridges.
(Ord. 39, passed 10-3-2011; Am. Ord. passed 12-1-2014)