19-81 Amend 1307.15- Bldg - flood damage prvention

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ORDINANCE NO. 19-81 BY: Brown, Chinnock, Gallagher, Graham, McBride, Wendling AN EMERGENCY ORDINANCE to amend Section 1307.15 of the Building Code of the Codified Ordinances of the City of Lakewood to provide that the Board of Building Standards and Building Appeals shall hear and decide requests for variances from the requirements of the Flood Damage Prevention Code. WHEREAS, at the time of the adoption of Chapter 1307 --Flood Damage Prevention Code--on January 16, 1978, the Board of Zoning Appeals was exercising the functions and performing the duties imposed upon the Board of Building Standards and Building Appeals inasmuch as that Board had not yet been established, and WHEREAS, the Board of Building Standards and Building Appeals has been established and is functioning pursuant to the adoption of Ordinance 105-78 on January 15, 1979, and WHEREAS, the Board of Building Standards and Building Appeals is charged by the Amended Charter of the City of Lakewood to hear and decide appeals relating to the building code of the City, and WHEREAS, Section 1307.15 of our ordinances relating to appeals of the requirements of Chapter 1307 should be amended to conform to the Amended Charter of the City of Lakewood and the intent of Ordinance 73-77 adopted Jan- uary 16, 1978, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare and for the usual daily operation of a municipal department, now, therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 1307.15 now reading as follows: 1307.15 BOARD OF ZONING APPEALS TO HEAR APPEALS AND VARIANCES. (a) The Board of Zoning Appeals as established by Lakewood City · Charter shall hear and decide appeals and requests for variances from the requirements of this Code. (b) The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Building Commissioner in the enforcement of administration of this Code. (c) ThOse aggrieved by the decision of the Board of Zoning Appeals, or any taxpayer, may appeal such decision to the Court of Common Pleas, as provided in Ohio R.C. Chapter 2506. (d) In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Code 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~