§ 1109-13. Appeals and variances.

1109-13.1 Appeals Board : The board of building appeals shall serve as the appeals board to hear and decide appeals from rulings, orders and decisions by the floodplain administrator made under the provisions of Chapter 1109 CBC and may grant variances from the provisions of Chapter 1109 CBC.

1109-13-2 Appeals: Any person affected by any notice and order, or other official action of the floodplain administrator may appeal the ruling to the board of building appeals. A notice of appeal shall be in writing and filed with the floodplain administrator within thirty (30) days of the date of such ruling. The notice of appeal shall set forth in writing the interpretation, ruling, or order appealed from, and the provisions of the CBC and OBC and related laws and ordinances involved and shall state wherein the interpretation, ruling, or order is claimed to be erroneous. Upon receipt of the notice of appeal, the floodplain administrator shall transmit said notice and all pertinent information on which the floodplain administrator's decision was made to the board of building appeals. Upon receipt of the notice of appeal, the board of building appeals shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

1109-13-3 Variances: Any person believing that the use and development standards of Chapter 1109 CBC would result in unnecessary hardship may file an application for a variance. The board of building appeals shall have the power to authorize such variances from the standards of Chapter 1109 CBC, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of Chapter 1109 CBC would result in unnecessary hardship.

(1)

Application for a variance: Any person seeking a variance shall an application for a variance by filing it with the floodplain administrator, who upon receipt of the variance shall transmit it to the board of building appeals. The form of the application shall be prescribed by the floodplain administrator.

(2)

Public hearing: The board of building appeals has the duty to schedule and hold a public hearing on the completed application for variance.

(3)

Additional standards to be considered: In its consideration of an application for variance, the board of building appeals shall consider the standards in Chapter 1109, evidence supplied by the applicant, and evidence supplied by other parties testifying at the public hearing. Additionally, the board of building appeals shall consider and make findings of fact for the following factors:

(a)

The danger that materials may be swept onto other lands to the injury of others.

(b)

The danger to life and property due to flooding or erosion damage.

(c)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(d)

The importance of the services provided by the proposed facility to the community.

(e)

The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

(f)

The necessity to the facility of a waterfront location, where applicable.

(g)

The compatibility of the proposed use with existing and anticipated development.

(h)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(i)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(j)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(k)

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.

(4)

Standards for variances: Variances shall only be issued upon:

(a)

A showing of good and sufficient cause for such variance.

(b)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of the requirements of Chapter 1109 CBC does not constitute an exceptional hardship to the applicant.

(c)

A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in Chapter 1109 CBC; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

(d)

A determination that the structure or other development is protected by methods to minimize flood damages.

(e)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Upon consideration of the above factors and the purposes of Chapter 1109 CBC, the board of building appeals may attach such conditions to the granting of variances, as it deems necessary to further the purposes of Chapter 1109 CBC.

(5)

Other Conditions:

(a)

In no instances shall a variances be granted within any designated floodway if any increase in flood levels during the base flood discharge would result.

(b)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Emer. Ord. No. 035-2010, § 5, eff. Feb. 10, 2010)