A. Authority; Hearing: The appeal board as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter.
B. Alleged Error: The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C. Appeal Decision: Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction.
D. Record Of Actions: The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.
E. Historic Places: Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.
F. Lot Size: 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 flood level, provided the relevant factors in subsection 10-2-10B2 of this chapter have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
G. Attaching Conditions: Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of section 10-2-2 of this chapter.
H. Increased Flood Levels: Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
I. Prerequisites: Prerequisites for granting variances include the following:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
2. 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 ordinances; and
3. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
J. New Construction; Substantial Improvements: Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that:
1. The criteria outlined in subsections A through I of this section are met; and
2. 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. (1990 Code § 12-515)