A. Appeal Board:
1. The planning commission, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this title.
2. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city engineer.
3. Those aggrieved by the decision of the planning commission or any taxpayer may appeal such decision to the city council.
4. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title and: (Ord. 2008-14, 12-9-2008)
a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
f. The compatibility of the proposed use with the existing and anticipated development;
g. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
h. The safety of access to the property in times of flood for ordinary and emergency vehicles;
i. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and
j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. (Ord. 89-1, 1-10-1989)
5. Upon consideration of the factors of subsection A4 of this section and the purposes of this title, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this title. (Ord. 89-1, 1-10-1989; amd. Ord. 2008-14, 12-9-2008)
6. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.
7. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
8. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
9. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
a. The criteria outlined in this section are met, and
b. The structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (Ord. 2007-20, 7-10-2007)
B. Conditions For Variances:
1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.
2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection A4 of this section or conflict with existing local laws or ordinances.
5. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built in accordance with the conditions established by the increased risk of flooding. (Ord. 89-1, 1-10-1989)