(A) The Board of Adjustment as established by the City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
(C) Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the District Court as provided in Neb. Rev. Stat. 23-168 (for counties) and Neb. Rev. Stat. 19-192 (for municipalities).
(D) In evaluating such appeals and requests, the Board of Adjustment shall consider technical evaluation, all relevant factors, standards specified in other sections of this chapter, and:
(1) The danger to life and property due to flooding or erosion damage;
(2) The danger that materials may be swept onto other lands to the injury of others;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner, future owners, and neighboring properties;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to have a waterfront location, where applicable;
(6) The availability of alternative locations that are not subject to flooding or erosion damage for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and,
(11) The costs of providing government services during and after flood conditions including emergency management services and maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges.
(Ord. 2023-1.1, passed 1-9-2023)