AG 2008 12 15 - Laserfiche WebLink

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(d) In passing upon such applications, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division, and: (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 or erosion damage; (3) The susceptibility of the proposed facility 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 facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed facility; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain 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 floodwaters and effects of wave action, if applicable, expected at the site; and (11) 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. (e) The findings listed above shall be submitted to the appeal board, in writing, and included in the application for a variance. (f) Upon consideration of the factors listed above, and the purposes of this article, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (g) Variances shall not be issued within any designated floodway and non-encroachment area if there is any increase in flood levels during the base flood discharge. (h) Conditions for variances are as follows: (1) Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and c. A determination that the granting of a variance will not result in increased [flood heights, additional threats to public safety, extraordinary public expense, create] nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions. (5) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met. (a) The use serves a critical need in the community. (b) No feasible location ezists for the use outside the Special Flood Hazard Area. Item# 11 Attachment number 2 G -1 Page 120 of 185