[Ord. No. 1751 Art. 5(A), 2-12-2008]
The Board of Adjustment as established by City of Versailles shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.
[Ord. No. 1751 Art. 5(B), 2-12-2008]
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Mayor in the enforcement or administration of this Chapter.
[Ord. No. 1751 Art. 5(C), 2-12-2008]
Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the City Council as provided in Section 405.320.
[Ord. No. 1751 Art. 5(D), 2-12-2008]
In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this Chapter and the following criteria:
The danger to life and property due to flood damage;
The danger that materials may be swept onto other lands to the injury of others;
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flood damage, for the proposed use;
The compatibility of the proposed use with existing and anticipated development;
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;
The safety of access to the property in times of flood for ordinary and emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
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; streets and bridges.
[Ord. No. 1751 Art. 5(E), 2-12-2008]
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Variances shall only be issued upon:
A showing of good and sufficient cause,
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
A determination that the granting of a variance 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.
A community shall notify the applicant in writing over the signature of a community official that:
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.