The board of adjustment may authorize, upon request, in specific cases, such variances from the terms of this article that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary and undue hardship. To ensure that the spirit of this title is observed and substantial justice done, no variance to the strict application of any provision of this article shall be granted by the board unless the applicant demonstrates that all of the following approval criteria are met. In addition, the applicant must meet all the provisions and general approval criteria for variances as stated in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title, except subsection 14-4B-2A4 of this title.
A. Approval Criteria:
1. No variance shall be granted for any development within the floodway that would result in any increase in flood elevation unless approved by the Iowa department of natural resources or its assignee.
2. Variances shall only be granted upon a showing of good and sufficient cause, and a determination that the granting of the variance will not result in increased flood elevation, additional threats to public safety, extraordinary public expense, create nuisances or cause fraud on or victimization of the public.
3. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this article, the applicant shall be notified, in writing, over the signature of the building official, that the issuance of a variance will likely result in increased premium rates for flood insurance.
5. All variances granted shall have the concurrence or approval of the Iowa department of natural resources or its assignee.
B. Factors For Consideration: When considering applications for variances, the board of adjustment will consider all relevant factors specified in other sections of this article in addition to the following factors:
1. The danger to life and property due to increased flood elevation or velocities caused by encroachments.
2. The danger that materials may be swept on to other land or downstream to the injury of others.
3. The importance of the services provided by the proposed facility to the community, and the risk of losing said services during a flood event.
4. The risk assumed by emergency personnel if it is necessary to evacuate the use/structure during a flood event.
5. After consultation with the historic preservation commission, a determination of whether compliance with the floodplain regulations would result in a substantial alteration or destruction of defining architectural characteristics of landmark properties and properties located within historic or conservation districts.
6. Such other factors that are relevant to the purposes of this article.
C. Conditions Of Approval: Upon consideration of the factors and approval criteria listed in this section, the board of adjustment may attach such conditions and safeguards to the granting of a variance as it deems necessary to fulfill the purposes and intent of the provisions of this article. (Ord. 10-4414, 11-16-2010)