§ 159.08 VARIANCES.

   (A)   No variances shall be granted to any development located in a designated floodway as defined in § 159.02.

      (1)   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply for a variance pursuant to §§ 160.465 through 160.470, as amended.

      (2)   The City Administrator or his designee shall review the applicant's request for a variance and shall submit their recommendations to the Planning and Zoning Commission in advance of the scheduled public hearing. The Planning and Zoning Commission may recommend such conditions to granting of a variance as it deems necessary to further the flood protection intent of this chapter.

      (3)   The City Council has final approval authority for any variation and may approve the variation request, approve the variation with modifications or other conditions or deny the variation request. The decision of the City Council will be a final legislative act.

   (B)   In addition to the standards set forth in §§ 160.465 through 160.470, as amended, 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 SFHA;

      (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, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;

      (5)   There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities;

      (6)   The provisions of §§ 159.27 and 159.62 shall still be met;

      (7)   The activity is not in a designated floodway;

      (8)   The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP;

      (9)   The granting of the variance will not alter the essential character of the area involved including existing stream uses; and

      (10)   All other required state and federal permits or waivers have been obtained.

   (C)   The City Administrator or his designee shall notify an applicant in writing that a variance from the requirements of § 159.06 that would lessen the degree of protection to a building will:

      (1)   Result in increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage;

      (2)   Increase the risks to life and property; and

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

   (D)   Variances requested in connection with restoration of a historic site or historic structure, as defined in § 159.02, may be granted using criteria more permissive than the requirements of divisions (A) and (B) of this section, subject to the conditions that:

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

      (2)   The repair or rehabilitation will not result in the structure being removed as a certified historic structure.

   (E)   The findings of fact and conclusions of law made by the Planning and Zoning Commission according to § 159.08(B), the notifications required by § 159.08(C), and a record of hearings and evidence considered as justification for the issuance of all variances from this chapter shall be maintained by the city in perpetuity.

(Ord. 2008-08-0196O, passed 8-12-2008; Am. Ord. 2019-10-0759O, passed 10-22-2019) Penalty, see § 159.99