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92-060 Ordinance
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92-060 Ordinance
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1/20/2014 12:16:33 PM
Creation date
1/17/2014 7:34:40 AM
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North Olmsted Legislation
Legislation Number
92-060
Legislation Date
6/16/1992
Year
1992
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? <br />? <br />(8) The relationship of the proposed use to the comprehensive plan and floodplain <br />management program for that area; <br />(9) The safety of access to the property in times of flood for ordinary and <br />emergency vehicles; <br />(10) The expected heights, velocity, duration, rate of rise and sediment transport of <br />the floodwaters and the effects of wave action, if applicable, expected at the site; <br />and <br />(11) The costs of providing governmental services during and after flood conditions, <br />including maintenance and repair of public utilities and facilities such as sewer, <br />gas, electrical, and water systems, and streets and bridges. <br />Upon consideration of the factors of subsection (a)(1) to (11) hereof and the purposes of <br />this chapter, the Board of Building Code Appeals may attach such conditions to the granting of <br />variances as it deems necessary to further the purposes of this chapter. <br />The Building Commissioner shall maintain the records of all appeal actions and report <br />any variances to the Federal Emergency Management Agency upon request. <br />(b) Conditions for Variancec. <br />(1) Generally, variances may be issued for new construction and substantial <br />improvements to be erected on a lot of one-half acre or less in size contiguous <br />to and sunounded by lots with existing structures constructed below the base <br />flood level, providing items (1) to (11) in subsection (a) hereof have been fully <br />considered. As the lot size increases beyond the one-half acre, the technical <br />jusdfication required for issuing the variance increa.ses. <br />(2) Variances may be issued for the reconstruction, rehabilitation or restoration of <br />structures listed on the National Register of Historic Places or the State <br />Inventory of Historic Places, without regard to the procedures set forth in the <br />remainder of this section. <br />(3) Variances shall not be issued within any designated floodway if any increase in <br />flood levels during the base flood discharge would result. <br />(4) Variances shall only be issued upon a determination that the variance is the <br />minimum necessary, considering the flood hazard, to afford relief. <br />(5) Variances shall only be issued upon: <br />A. A showing of good and sufficient cause; <br />B. A determination that failure to grant the variance would result in <br />exceptional hardship to the applicant; and <br />C. A determination that the granting of a variance will not result in increased <br />flood heights beyond that which is allowed in this chapter, additional <br />threats to public safety, extraordinary public expense, create nuisances, <br />cause fraud on or victimization of the public as identified in subsection (a) <br />hereof or conflict with existing local laws or ordinances. <br />10
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