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Sec. 12A-11. Variance procedures_
<br /> (1) The board of building code appeals as established
<br /> by the_City hereinaf ter_ referred_to as the appeal board,
<br /> shall.hear.... and._dec,ide,..ap.peals and requests for variances
<br /> from the-.requirements of this chapter.
<br /> (2) The' appeal board. shall hear anad decide appeals
<br /> when it.A s alleged there is an error in any requirement,
<br /> decision.,,. or determination made.,by the local administrator
<br /> in the._ enforcement of administration of this chapter.
<br /> .(3) Any person. aggrieved by the decision of the appeal
<br /> board or any taxpayer may appeal-such decision to a court
<br /> of competent jurisdiction.
<br /> (4) Variances may be issued by the appeal board for
<br /> reconstruction, .. rehabilitation.or restoration of struc-
<br /> tures listed on_ the National-Register of Historic Places
<br /> or..the State. Inventory_of historic Places, without regard
<br /> to. the procedures.., .set forth in- the remainder of this
<br /> section. -
<br /> (5).. In passing- . upon applications, the appeal board a
<br /> _ . .. sha.l.l,. consider_ ._all_ technical. evaluations, all relevant
<br /> factors.,_ _standards. specified in. other sections of this
<br /> chapter and:
<br /> (a) The danger_._. that materials- may be swept onto other
<br /> lands_t.o_.the injury of others;
<br /> (b) The danger to life and property due to flooding or
<br /> erosion damage;
<br /> (c) The susceptibility of the proposed facility and its
<br /> contents to flood damage and. the effect of such damage on
<br /> the individual owner;
<br /> (d) The importance.- of. t-he services provided by the pro-
<br /> . posed facility to the community;
<br /> (e) The necessity to the. facility of a waterfront
<br /> . location.,- where applicable;
<br /> . (f) The . availability. of alternative locations, not
<br /> subject._to_, flooding-..or- erosion damage, for the proposed
<br /> use;
<br /> (g) The compatibility of the ,proposed use with existing
<br /> and anticipated development;
<br /> .(h) The- relationship of the. proposed use to the compre-
<br /> hensive plan and_ floodp.l.ain-management program for that
<br /> area;
<br /> (i) The safety of access to the property in times of
<br /> flood .for ordinary and emergency vehicles;
<br /> (j) The expected heights, velocity, duration, rate or
<br /> ris.e. and.. sediment transport of _the flood waters and the
<br /> effects of wave action, if applicable, expected at the
<br /> site; and
<br /> (k) The. .costs.of.. providing_governmental services during
<br /> and.,_a.ft.er.. _ flood . conditions, including maintenance and
<br /> repair._ o.f. publi.c .utilities. and_.facilities such as sewer,
<br /> gas, ._.el.ectric al and_ :water,. systems, and streets and
<br /> bridges
<br /> (1), Generally.,_- variances-.,may be issued for new
<br /> . .'_,constr..ue-i.o.n....and_, suhstantial:..impcovements to be erected on
<br /> a,.1ot...o.f..one-half.,acre ..._or:aess...in size contiguous to and
<br /> - surrauuded_by,._ l o.zs .zzith :_ existing structures constructed
<br /> belara .ahe._..bas.e. fl pod_......1eveL,...:.providing items (a) through
<br /> (k) of subsection.. (5) of...: .thi__c...section have been fully
<br /> ..considered,_-..As..the..lot.:size..`in.cx.eases beyond the one-half
<br /> acre,.,.the_te.chnica.,,. ust:i.ficition__required for issuing the
<br /> variance increases.
<br /> (6). Upon..consideration of the. factors listed above and
<br /> .._..the-.-pur-poses_..of..this-.. chapter,.._the..appeal board may attach
<br /> .-such.- condi.tions_ta. _.the: grantin&__of variances as it deems
<br /> necessary-to ..further.,.the.-purp6ses of this chapter.
<br /> _ ..(7).. Variances.shall. not- .be, issued within any designated
<br /> floodway.-if..any..._. increase-_in- flood levels during the base
<br /> _flood .discharge would result.
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