13-1-11: VARIANCES:

Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the planning commission or zoning board of appeals for a variance. The planning commission or zoning board of appeals shall review the applicant's request for a variance and shall submit its recommendation 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.

   A.   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, 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 state and federal permits have been obtained.

   B.   The planning commission or zoning board of appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of section 13-1-7 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 twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage;

      2.   Increase the risk to life and property; and

      3.   Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.

   C.   Variances to the building protection requirements of section 13-1-7 of this chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in "historic structures", may be granted using criteria more permissive than the requirements of sections 13-1-6 and 13-1-7 of this chapter subject to the conditions that:

      1.   The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.

      2.   The repair or rehabilitation will not result in the structure being removed as a certified historic structure. (Ord. 0-25-10, 5-9-2011)