(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendations to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(B) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health or safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(6) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other required state and federal permits have been obtained.
(C) The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 157.10 of this chapter that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risks to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing that the assumption of the risk and liability.
(D) Variances to the building protection requirements of § 157.10 of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the state’s Register of Historic Places may be granted using criteria more permissive than the requirements of § 157.12(A)(1) through (A)(5) of this chapter.
(1960 Code, § 15-1-10) (Ord. 6591, passed 11-3-2003)