(a) Procedure.
(1) The Board of Adjustment shall hear and decide appeals and requests
for variances from the requirements of this chapter.
(2) The Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the City Inspector in the enforcement or administration of this chapter.
(3) A person aggrieved by the decision of the Board, or any taxpayer, may appeal such decision to the District Court of the County as provided in Section 19-912 of the Revised Statutes of Nebraska, 1943, Reissue of 1974, as amended.
(4) In passing upon such applications, the Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
A. The danger that materials may be swept into other lands to the injury of others;
B. The danger to life and property due to flooding or erosion damage;
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
D. The importance of the services provided by the proposed facility to the community;
E. The necessity to the facility of a waterfront location, where applicable;
F. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
G. The compatibility of the proposed use with existing and anticipated development;
H. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
I. The expected height, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
J. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges
(b) Conditions.
(1) Generally, a variance may be issued for new construction and substantial improvements to be erected on a lot of one-half-acre or less which is contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that paragraphs (b) (2) to (6) hereof have been fully considered. As lot size increases beyond one-half acre, the technical jurisdiction required for issuing a variance increases.
(2) A variance may be issued for reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to paragraphs (b)(3) to (6) hereof.
(3) A variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) A variance shall be issued only upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) A variance shall be issued only upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of such variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(6) Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1114. Passed 2-23-88.)