§ 151.09 VARIANCE PROCEDURES.

   (A)   The Board of Adjustment as established by the city 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 Building Inspector in the enforcement or administration of this chapter.

   (C)   Any person aggrieved by the decision of the Board of Adjustments, or any taxpayer, may appeal such decision to the District Court as provided in Neb. RS 19-912.

   (D)   In passing upon such applications, the Board of Adjustments shall consider all technical evaluation, all relevant factors, and standards specified in other sections of this chapter, and:

      (1)   The danger that materials may be swept into other lands to the injury of others;

      (2)   The danger to life and property due to flooding or erosion damage;

      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      (4)   The importance of the services provided by the proposed facility to the community;

      (5)   The necessity to the facility of a waterfront location, where applicable;

      (6)   The availability of alternative locations, 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 floodplain management program for that area; and

      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles:

         (a)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

         (b)   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, and streets and bridges.

(2000 Code, § 9-809)

§ 151.10 CONDITIONS FOR VARIANCES.

   (A)   Generally, 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, providing divisions (B) through (E) below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required by issuing the variance increases.

   (B)   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.

   (C)   Variances shall only be issued on a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

   (D)   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, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

   (E)   Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest flood elevation.

(2000 Code, § 9-810)

§ 151.11 NONCONFORMING USES.

   (A)   A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.

      (1)   If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Utility Department shall notify the City Administrator in writing of instances of nonconforming uses where utility services have been discontinued for a period of 12 months.

      (2)   Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

   (B)   If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed, if the cost is more than 50% of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

(2000 Code, § 9-811)