§ 197.312. Variance procedure.

A.

Variances. The Superintendent shall hear and decide appeals and requests for variances from the requirements of this chapter pursuant to the provisions and procedures contained in § 190.305 of this building code.

B.

Standards for Variances. In deciding appeals, the Superintendent shall consider all technical evaluations, all relevant factors, all standards specified in other sections of the ordinance codified in this chapter, and the following:

1.

The danger that materials may be swept onto other lands and injure others.

2.

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

3.

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

4.

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

5.

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

6.

The necessity to the facility of a waterfront location.

7.

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

8.

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

9.

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

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and the effects of wave action expected at the site.

11.

The cost of providing governmental service during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets, and bridges.

C.

Conditions. Upon consideration of the factors in subsection B. of this section, and the purposes of this chapter, the Superintendent may impose conditions to the granting of variances which are necessary to further the purposes of this chapter.

D.

Records. The Superintendent shall maintain the records of all appeal actions, and report any variances to the Federal Emergency Management Agency upon request.

(Ord. 538-2001; Ord. 388-1998)

(Ord. 291-2013)