(A) Rules. The city establishes a Board of Adjustment and Appeals as provided in § 33.025 of this code of ordinances. The Board shall adopt rules for the conduct of business and may exercise all of the powers as allowed by state law and the city code.
(B) Administrative review. The Board of Adjustment and Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.
(C) Variances. The Board of Adjustment and Appeals may authorize, upon appeal in specific cases, such relief or variance from the terms of this chapter that would not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided in state law or rules. In the granting of such variance, the Board of Adjustment and Appeals shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, any other zoning regulations in the city, and in the state legislation that justified granting the variance. No variance shall have the effect of allowing in any district uses prohibited in that zoning district, allow or permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency (FEMA) also must be satisfied.
(1) The city shall not approve variances within any designated regulatory floodway if the variance would result in an increase in flood levels during the base flood discharge.
(2) The city shall only issue variances when there is a:
(a) Showing of good and sufficient cause;
(b) Determination that failure to grant the variance would result in exceptional hardship to the applicant or property owner; and
(c) Determination that the granting of a variance would 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 city ordinances.
(3) The city shall only approve variances upon determining that the variance is the minimum necessary, considering the flood hazard, to afford the applicant relief.
(D) Hearings. Upon filing with the Board of Adjustment and Appeals an appeal from a decision of the Community Development Director, or an application for a variance, the Board shall fix a reasonable time for a hearing and shall give due notice to the parties of interest as specified by law. The city shall submit by mail to the Commissioner of the Department of Natural Resources a copy of the application for proposed variances at least ten days before the hearing.
(E) Decisions. The Board shall arrive at a decision on the appeal or variance within the time limits as set by state law. When approving an appeal, the Board of Adjustment and Appeals may, so long as such action meets the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Community Development Director or other city official. The Board shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may require conditions and safeguards such as those specified in § 154.058(F) of this chapter. The city shall deem violations of such conditions and safeguards, when made a part of the terms under which the city grants the variance, a violation of this chapter punishable under the provisions listed in § 154.060 of this chapter. The city shall forward by mail a copy of all decisions granting variances to the Commissioner of the Department of Natural Resources within ten days of the action.
(F) Appeals. Applicants or property owners may make appeals from any decision of the Board as specified in the city code or by state statutes.
(G) Flood insurance notice and record keeping.
(1) The Community Development Director shall notify the applicant for a variance that:
(a) Issuing a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) The construction below the 100-year or regional flood level increases risks to life and property.
(2) The city shall maintain a record of such notification with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(Prior Code, § 1301.10)