Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the zoning board of appeals for a variance. The zoning board of appeals shall review the applicant's request for a variance and shall submit its recommendation to the city council.
(A) No variance shall be granted to the requirements of this chapter unless the applicant demonstrates that:
(1) An exceptional hardship would result if the variance were not granted;
(2) The relief requested is the minimum necessary;
(3) There will be no additional threat to the public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance; and
(4) 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.
(B) No variance shall be granted to the floodplain development requirements of this chapter unless the applicant demonstrates that:
(1) The development project cannot be located outside the floodplain;
(2) All floodplain construction requirements will be met; and
(3) All requirements of other permitting agencies will be met.
(C) The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of § 151.34 that would lessen the degree of protection of the building will:
(1) Result in increased premium rates for flood insurance up to an amount as high as $25 for $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 he or she will acknowledge in writing that he assumes the risk and liability.
(D) Variances requested in connection with restoration of a historic site, building or structure, may be granted using criteria more permissive than the above requirements, subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historical character and design of the building or structure; and
(2) The repair or rehabilitation will not result in the building or structure being removed as a certified historical building or structure.
(E) A variance to § 151.34, prohibition of critical facilities in the floodplain may be issued, providing:
(1) The applicant demonstrates that the facility cannot be located in a flood-free location;
(2) The facility shall be protected from flood damage to the 500-year flood elevation; and
(3) The facility shall be provided with at least one all-weather access road that connects the facility to areas outside the floodplain. The surface of the access road shall be at or above the base flood elevation.
(F) The building commissioner shall notify an applicant in writing that a variance from the requirements of § 151.34 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 for $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 he will acknowledge in writing that he assumes the risk and liability.
(Ord. 92-23, passed 6-16-92; amend. Ord. O-13-97, passed 6-3-97; amend. Ord. O-14-03, passed 2-18-03; amend. Ord. O-16-19, passed 10-15-19)