(A) The Board of Adjustment, as established in § 154.46 of this code of ordinances, shall hear and render judgment on requests for variances from the requirements of this chapter.
(B) The Board of Adjustment 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) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in a court of competent jurisdiction.
(D) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request.
(E) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state’s Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.
(F) (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot one-half 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 § 153.08 of this chapter have been fully considered.
(2) As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(G) Upon consideration of the factors noted above and the intent of this chapter, the Planning and Zoning Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (§ 153.03 of this chapter).
(H) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flooding discharge would result.
(I) Prerequisites for granting variances are as follows.
(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 laws or ordinances.
(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 no more than two feet 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.
(Prior Code, § 10-4-11)