§ 157.22  VARIANCE PROCEDURE.
   (A)   Generally.
      (1)   The Board of Zoning Appeals as established by the city shall hear and decide appeals and requests for variances from the requirements of this chapter.
      (2)   The Board of Zoning Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the City Manager in the enforcement or administration of this chapter.
      (3)   Those aggrieved by the decision of the Board of Zoning Appeals, or any taxpayer, may appeal the decision to the Circuit Court as provided by statute.
      (4)   In passing upon the applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:
         (a)   Danger that materials may be swept onto other lands to the injury of others;
         (b)   Danger to life and property due to flooding or erosion damage;
         (c)   Susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
         (d)   Importance of the services provided by the proposed facility to the community;
         (e)   Necessity to the facility of a waterfront location, where applicable;
         (f)   Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
         (g)   Compatibility of the proposed use with existing and anticipated development;
         (h)   Relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
         (i)   Safety of access to the property in times of flood for ordinary and emergency vehicles;
         (j)   Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
         (k)   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.
      (5)   Upon consideration of the factors of division (A)(4)(a) above and the purposes of this chapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
      (6)   The City Manager shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
   (B)   Conditions for variances.
      (1)   Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (A)(4)(a) through (k) above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
      (2)   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 section.
      (3)   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
      (4)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
      (5)   Variances shall only be issued upon:
         (a)   Showing of good and sufficient cause;
         (b)   Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
         (c)   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 division (A)(4) above or conflict with existing local laws or ordinances.
      (6)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a 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.
(Prior Code, § 11.5-23)  (Ord. 79-3, passed 7-19-1979)