(A) All appeals contesting only the permit fee, the cumulative substantial damage requirement, the flood protection setback requirement, or the freeboard requirements may be handled at the discretion of the Appeals Board.
(B) All decisions on appeals to all other provisions of this chapter shall adhere to the following criteria.
(1) Affirmative decisions shall only be issued by the Appeals Board upon a showing of good and sufficient cause, a determination that failure to grant the appeal would result in exceptional hardship to the applicant, and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(2) An affirmative decision shall be issued only upon a determination that it is the minimum necessary, considering the flood hazard, to afford relief. Financial hardship, as the sole criterion, shall not be considered sufficient justification to grant an appeal.
(3) An affirmative decision may be issued for the repair or rehabilitation of historic structures only 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) The Appeals Board shall notify the applicant in writing over the signature of a community official that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, such construction below the base flood elevation increases risk to life and property. Such notifications shall be maintained with a record of all decisions as required in division (B)(2) above.
(5) The Appeals Board shall maintain a record of all decisions, including justification for their issuance, and report such decisions issued in its biennial report submitted to the Federal Insurance Administration.
(6) An affirmative decision shall not be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation.
(Ord. passed 5-4-1992; Ord. passed 2-8-2010)