§ 15-32. Variance procedures.

(a)

The planning commission as established by the city shall hear and render judgment on requests for variances from the requirements of this article. Such requests must be made by the present owner of the property.

(b)

The planning commission shall hear and render judgment on an appeal only when it is alleged that there is an error in any requirement, decision or determination made by the administrator in the enforcement or administration of this article.

(c)

Any person aggrieved by the decision of the planning commission may appeal such decision in the courts of competent jurisdiction.

(d)

The administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency 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 inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(f)

Generally, 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 (g) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(g)

In passing on application for variance or appeals, the planning commission shall consider all of the provisions of this article and the following relevant factors:

(1)

The danger to life and property due to flooding or erosion damage;

(2)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3)

The danger that materials may be swept onto other lands to the injury of others;

(4)

The compatibility of the proposed use with existing and anticipated development;

(5)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6)

The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

(7)

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;

(8)

The necessity to the facility of a waterfront location, where applicable;

(9)

The availability of alternative locations, not subject to flooding or erosion damage, from the proposed use;

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(h)

Upon consideration of the factors noted in subsection (g) of this section and the intent of this article, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this article, as set out in section 15-23.

(i)

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

(j)

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 local 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 below the base flood elevation, and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(4)

Neither the city, nor any of its officials, either elected or appointed, shall be held liable for any damages sustained as a result of the granting of or denial of a variance to this article.

(k)

When the ownership of any property on which a variance has been granted is proposed to be transferred, the prospective owner shall be notified in writing by the present owner of the property of the variance granted and any use thereof. The variance must be made part of the public records by the planning and zoning commissions.

(Code 1966, § 7-32)