(A) Appeals. All prior references to “appeals” in prior ordinances are amended to read: If an applicant is dissatisfied with the decision of the Planning Commission, an appeal may be submitted to the Appeal Authority under this chapter.
(B) Variance procedures. All prior references to “variance procedures,” or similar appeal matters for variances as established in prior ordinances, are amended to read:
(1) The Appeal Authority, as established by this chapter, shall hear and render judgment on requests for variances from the requirements of this chapter;
(2) The Appeal Authority 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 officer, agent, or office of the city in the enforcement or administration of the ordinances of the city;
(3) Any person or persons aggrieved by the decision of the Appeal Authority may appeal such decision in the state courts of competent jurisdiction. Jurisdiction and venue shall lie with the Second District Court of the county;
(4) When floodplain decisions are at issue, 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;
(5) 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, in conformance with state or federal requirements related thereto, without regard to contrary or conflicting procedures in this chapter;
(6) Such variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure;
(7) Upon consideration of the factors noted above and consistent with the intent of this chapter, the Appeal Authority may attach such conditions when granting variances as it deems necessary to further the purpose and objectives of this chapter, the city’s zoning, and subdivision ordinances, and other ordinances;
(8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result;
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(b) Variances shall only be issued upon:
1. Showing a good and sufficient cause;
2. A determination that failure to grant the variance would cause exceptional hardship to the applicant; and
3. A determination that granting 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.
(c) Any applicant to whom a variance is granted shall be given written notice that the structure may be built with the 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.
(10) Variances may be issued for new construction and substantial improvements, and for other development necessary for the conduct of a functionally-dependent use; provided that:
(a) The criteria outlined in divisions (B)(2) through (B)(8) above are met; and
(b) 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.
(Prior Code, § 06.14) (Ord. 2-92, passed - -1992; Ord. 02-2015, passed 1-7-2015)