1. A Zoning Board of Adjustment is hereby created for the city. Said Board shall consist of five members, appointed by the City Council. The term of the members thereof and the filling of vacancies therein shall be as set by the City Council. The Zoning Board of Adjustment shall adopt rules in accordance with the provisions of this section or any amendment thereto. Meetings of the Zoning Board of Adjustment shall be held at the call of the Chairperson and at such times as such Board may determine. All meetings of the Zoning Board of Adjustment shall be open to the public. The Zoning Board of Adjustment shall keep minutes of its proceedings, show the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk-Treasurer and become a public record.
2. The Zoning Board of Adjustment, shall have the following powers:
a. To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the City Clerk, Municipal Building Inspector or other administrative official;
b. To hear and decide special exceptions to the terms of the zoning or other ordinances upon which the Zoning Board of Adjustment is required to pass; and
c. To authorize upon appeal in specific cases, variances from the terms of such ordinances as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of the ordinances will be observed and substantial justice done.
3. The Zoning Board of Adjustment shall also serve as the Appeals Board to hear and render judgment on requests for variances from the requirements of floodplain management regulations. The Appeals Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the Municipal Building Inspector in the enforcement or administration of the city’s floodplain management regulations. Any person or persons aggrieved by the decision of the Appeals Board may appeal such decision in any court of competent jurisdiction. The Municipal Building Inspector shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency (FEMA), upon request. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Register of Historic Places or locally-registered as an historic landmark, without regard to the procedures set forth in the remainder of this section. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to, and surrounded by, lots with existing structures constructed below the base flood level; provided, that, all relevant factors have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance shall increase. Upon consideration of all factors noted above, the Appeals Board may attach such conditions to the granting of variances as it deems necessary to further the purposes and objectives of the city’s floodplain management program. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Prerequisites for granting variances shall include the following.
a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisance creation, fraud or victimization of the public, or conflict with existing local laws or ordinances.
c. Any applicant for whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
d. Variances may be issued by the city for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that:
(1) The criteria outlined in this code of ordinances are met; and
(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.