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09-13-10 Council Agenda & Packet
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09-13-10 Council Agenda & Packet
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10/1/2010 2:29:05 PM
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City Council - City Clerk
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meet general standards as required per Section {e}{2)(A) through {p) of this <br />ordinance. <br />{f} Variance Procecfua~es <br />{1) Designation of Variance and Appeals Board <br />The St. Joseph County Area Board of Zoning Appeals as established by Common <br />Council of the City of South Bend shall hear and decide appeals and requests for <br />variances from requirements of thf s ordinance. <br />{2) Duties of Variance and Appeals Board <br />The board shall hear and decide appeals when it is alleged an error in any <br />requirement, decision, or determination is made by the Floodplain Administrator in <br />the enforcement or administration of this ordinance. Any person aggrieved by the <br />decision of the board may appeal such decision to the St. Joseph County Circuit <br />Court or the St. Joseph County Superior Court. <br />{3} Variance Procedures <br />In passing upon such applications, the St. Joseph County Area Board of Zoning <br />Appeal shall consider all technical evaluations, all relevant factors, all standards <br />specified in other sections of this ordinance, and; <br />{A}The danger of life and property due to flooding or erosion damage; <br />{B) The susceptibility of the proposed facility and its contents to flood damage and <br />the effect of such damage on the individual owner; <br />{C}The importance of the services provided by the proposed facility to the <br />community; <br />(D)The necessity to the facility of a waterfront location, where applicable; <br />{E) The availability of alternative locations far the proposed use which are not <br />subject to flooding or erosion damage; <br />{l~}The compatibility of the proposed use with existing and anticipated <br />development; <br />{G) The relationship of the proposed use to the comprehensive plan and floodplain <br />management program for that area; <br />(H)The safety of access to the property in times of flood for ordinary and <br />emergency vehicles; <br />Page 28 of 3t <br />
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