(A) Appeal Board.
(1) The Planning and Zoning Commission shall hear all applications for a variance.
(3) The City Council shall hear and decide appeals on denials of applications for variances from the requirements of this chapter.
(4) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city in the interpretation, enforcement, or administration of this chapter.
(5) Those aggrieved by the final decision of the City Council may appeal such decision to the District Court.
(6) In passing upon such appeals, the City Council 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 onto 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 for the proposed use which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) 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, streets, and bridges.
(B) Conditions for variances.
(1) (a) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level.
(b) As the lot size increases, the technical justification required for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) 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, or extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local, state, and/or federal laws, rules, or regulations.
(5) (a) Variances, as interpreted in the National Flood Insurance Program, are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, or economic or financial circumstances.
(b) Variances primarily address small lots in densely -populated residential neighborhoods. As such, variances from flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other city ordinances or codes, the variance criteria specified herein, except division (B)(1) above, and otherwise complies with § 152.40(A), (C), and (D).
(7) Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk.
(Prior Code, § 14-1-4) (Ord. 2015-02, passed 6-10-2015)
Statutory reference:
Further conditions for variances, see 44 C.F.R. § 60.6(A)(1) through (A)(7)