A. Board of Building and Fire Code Appeals: The board of building and fire code appeals, as established by the city, shall hear and decide appeals and requests for variances from the requirements of this chapter. The board of building and fire code appeals shall hear and decide appeals only when it is alleged there is an error in any requirement, decision, or determination made by any administrative official in the enforcement or administration of this chapter. Those aggrieved by the decision of the board of building and fire code appeals, or any taxpayer, may appeal the decision to a court of competent jurisdiction.
B. Factors to be Considered in Decision: In passing upon such applications, the board of building and fire code appeals shall consider all technical evaluation, all relevant factors, standards specified in other sections of this chapter, and the specific factors described in Subsection 15-26-6C.
C. Approval with Conditions: Upon consideration of the factors identified in this section and the purposes of this chapter, the board of building and fire code appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
D. Recordkeeping: The director shall maintain the records of all appeal actions, including technical information, and report any variances to FEMA and the state coordinating agency upon issuing a variance.
E. Conditions For Variances:
1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items in this section have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justifications required for issuing the variance increases.
2. Variances, without regard to the procedures set forth in the remainder of this section, may be issued for the reconstruction, rehabilitation or restoration of a historic structure upon 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.
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 may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE in conformance with the requirements of issuing a variance.
5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
6. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. 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 regulations, considers the need of ingress and egress during times of floods, and does not jeopardize first responders' health and welfare.
7. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
a. The criteria outlined in this section are met; and
b. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
F. Notice to Applicant: Any applicant to whom a variance is granted shall be given written notice that permitting the structure to be built with a lowest floor below the BFE will result in increased flood insurance cost commensurate with the increased risk from the reduced lowest floor elevation and that such construction below the BFE increases risks to life and property.
(Ord. 2015-21, 5-26-2015; amd. Ord. 2023-61, 11-14-2023)