22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

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(4) Other conditions for variances. A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. B. Generally, variances may be issued for new construction and sub- stantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures con- structed below the base flood level, providing items in Section 1308.24(d)(2)A. to K. have been fully considered. As the lot size in- creases beyond one half acre, the technical justification required for is- suing the variance increases. C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (5) Procedure at hearings. A. All testimony shall be given under oath. B. A complete record of the proceedings shall be kept, except confi- dential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses. C. The applicant shall proceed first to present evidence and testimony in support of the appeal or variance. D. The Administrator may present evidence or testimony in opposition to the appeal or variance. E. All witnesses shall be subject to cross - examination by the adverse party or their counsel. F. Evidence that is not admitted may be proffered and shall become part of the record for appeal. G. The Board shall issue subpoenas upon written request for the at- tendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance. H. The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing. (6) Appeal to the Court. Those aggrieved by the decision of the Ap- peals Board may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. 1308.25 COMPLIANCE REQUIRED. (a) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applica- ble regulations which apply to uses within the jurisdiction of these regu- lations, unless specifically exempted from filing for a development per- mit as stated in Section 1308.13. (b) Failure to obtain a floodplain development permit shall be a viola- tion of these regulations and shall be punishable in accordance with Sec- tion 1308.99. (c) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applica- tions or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1308.99. 20