(A) Rules. The Board of Appeals shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
(B) Administrative review. The Board of 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 Appeals may authorize upon appeal in specific cases where such relief or variance from the terms of this chapter as will 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 for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of 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 community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district; 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 must be satisfied.
(1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued by a community 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 ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) Hearings. Upon filing with the Board of Appeals of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Appeals shall fix a reasonable time for a hearing and give due notice to the parries in interest as specified by law. Hearings shall be conducted as provided for in Ord. 827. The Board of Appeals shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing.
(E) Decisions.
(1) The Board of Adjustment shall arrive at a decision on such appeal or variance within 30 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions.
(2) In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in § 154.133(G) of this chapter, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 154.999 of this chapter.
(3) A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. A decision rendered in accordance with the terms of this section, which grants a variance, shall be stayed until the next regularly scheduled meeting of the City Council. During that time, the City Council shall have authority to reverse the decision of the Zoning Board of Appeals. A denial by the Zoning Board of Appeals of a request for variance may be appealed to the City Council, subject to the procedures established in Ord. 827 and payment of fees established in Ord. 827.
(4) Upon filing of such application for appeal and payment of the applicable fees, the Zoning Administrator shall forward to the City Council the request for hearing of appeal along with the findings of fact of the Zoning Board of Appeals and transcript of hearing held by the Zoning Board of Appeals on the matter. The City Council shall set a day and time when the said appeal will be held and advertise the said hearing and notify parties of interest as in the original hearing by the Zoning Board of Appeals and shall conduct the said hearing. Within 30 days following the close of the public hearing, the City Council shall render its decision either concurring with the Board of Appeals or overturning its denial of the variance. The City Council shall be bound by the same rules of procedure and findings of fact as the Board of Appeals.
(5) In granting a variance, the Board or City Council may prescribe appropriate conditions and safeguards such as those specified in § 154.133(G) of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 154.999 of this chapter. A copy of all decisions granting variance shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. Notwithstanding the above language, deadlines for action by the Board of Appeals and City Council must meet any applicable requirements as established in state law.
(F) Appeals. Appeals from any decision of the Board of Appeals may be made, and as specified in this community’s official controls and also by state statutes.
(G) Flood insurance notice and record keeping.
(1) The Zoning Administrator shall notify the applicant for a variance that:
(a) The issuance of 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) Such construction below the 100-year or regional flood level increases risks to life and property.
(2) Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(Ord. 1475, passed 11-1-2011)