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<br />(3)
<br />
<br />Those aggrieved by the decl'sl'on of tl C . .
<br />1C OmfnISSlOn, or any
<br />taxpayer, may appeal such decision to the District Court,
<br />as provided by Law.
<br />
<br />(4) .Ill' paGsing upon such applications, the Corrnnjssion shall consider
<br />al 1 technical evaluations, all relevant factors standards spcci-.
<br />fied in other sections of this ordinance, and: '
<br />
<br />(i) the danger that materials may he s"ept onto other
<br />lands to the injury of others;
<br />
<br />(ii) the danger to life and property due. to flooding or
<br />eras ion damage;
<br />
<br />(iii) the susceptibility of the proposed facility and its
<br />contents to flood damage and the effect of such
<br />damage on the individual miner;
<br />
<br />(i v) the importance of the services provided by the
<br />proposed faci li ty to the communi ty;
<br />
<br />(v) the necessity to the facility of a waterfront location,
<br />where applicable;
<br />
<br />(vi) the availahili ty of alternative locations for the
<br />proposed use which arc not subject to flooding or
<br />eras ion damage;
<br />
<br />(vii) the compatibility of the proposed use with existing
<br />and anticipated development;
<br />
<br />(viii) the relationship of the proposed use to the comprehensive
<br />plan and floodplain management program that area;
<br />
<br />(ix) the safety of access to the property in .time of flood
<br />for ordinary and emergency vehicles;
<br />
<br />(x) the expected heights, velocity, duration, rate of rise,
<br />and sediment transport of the flood "aters and the
<br />effects of wave action, if applicablc, expected at the
<br />site; and
<br />
<br />(xi) the costs of providing governmental scrvices during and
<br />after flood conditions, including mainten:mcc and repair
<br />of puhlic utilities and facilities such as sewer, gas,
<br />electrical, and water systems, and streets and hridges.
<br />
<br />. (5) Upon consideration of the factors of Section 4.4-1 (4) and the
<br />purposes of this ordinance, the Corrunission may attach such conditions
<br />to the granting of variances as it decms necessarY to further the
<br />purposes of this ordinance.
<br />
<br />(6) The Administrator shall maintain the records of all appeal actions,
<br />including technical infonnation, and report any variances to the
<br />Federal r"JTICrgcncy Managemcnt Agency.
<br />
<br />4.4- 2 CrnDITIrnS FOR VARIANCES
<br />
<br />(1)
<br />
<br />Generally, variances may be issued for new construction and sW1stantinl,
<br />improvements to be erected on a lot of one-half acre or less in size
<br />contiguous to and surrounded by lots with existing structures con-
<br />structed below the base flood level, providing items (i-xi) in
<br />Section 4,4-1 (4) have been fully considered, As the lot size
<br />increases beyond the onc-half Hcre, the technical justification
<br />required for issuing thc variance increases.
<br />
<br />(2)
<br />
<br />Variances may be issued for the reconstruction, rehabilitation, or
<br />restoriltion of structures listeu on the National Regi stcr of Ilistoric
<br />Places or the State Inventory of Ilistoric Places, without rrgnrd to
<br />the procedures set' forth in the remainder of this ~ection.
<br />
<br />- 7 -
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