§ 110-70. Appeal and variance procedures.

(a)

Appeals.

(1)

The construction board of adjustments and appeals 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 article; provided the applicable requisites of subsections 18-58(b) and (c) are satisfied.

(2)

Any person aggrieved by the decision of the construction board of adjustments and appeals may appeal such decision to the city council in accordance with sections 18-59 and 18-61 of this Code.

(3)

The floodplain administrator shall maintain a record of all actions involving an appeal.

(b)

Variances.

(1)

The city council shall hear and render judgment on requests for variances from the requirements of this article.

(2)

The floodplain administrator shall maintain a record of all actions involving a variance request and shall report variances to FEMA upon request.

(3)

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 article.

(4)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in subsection 110-69(b) have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(5)

Upon consideration of the factors noted in subsection (b) of this section and the intent of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article as stated in section 110-29.

(6)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(7)

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.

(8)

Prerequisites for granting variances shall be as follows:

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.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

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.

c.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to 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.

(9)

Variances may be issued by the city for new construction, for substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

a.

The criteria outlined in subsection (b) of this section 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.

(Code 1967, § 12½-23; Ord. No. 4233, § 1, 8-22-85; Ord. No. 7831, § 7, 10-24-96; Ord. No. 12,823 , § 1, 4-9-15)