§ 47-12. Variance procedures.

(1)

The building code board of adjustments and appeals as established by the city shall hear and render judgement on requests for variances from the requirements of this chapter.

(2)

The building code board of adjustments and appeals shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the director of public works in the enforcement or administration of this chapter.

(3)

Any person or persons aggrieved by the decision of the building code board of adjustments and appeals under this chapter may appeal such decision in the courts of competent jurisdiction.

(4)

The director of public works shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration 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, without regard to the procedures set forth in the remainder of this section.

(6)

The building code board of adjustments and appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter.

(7)

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:

(i)

A showing of good and sufficient cause, and

(ii)

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)

The building code board of adjustments and appeals shall have no authority to grant a variance permitting new construction of a structure in an area designated special flood hazard when the lowest slab elevation is lower than two (2) feet above the base flood level or the level established by the city council and/or planning and zoning commission. However, said board shall have authority to grant a variance permitting substantial improvements of a structure located in an area designated special flood hazard. The building code board of adjustments and appeals shall not have any jurisdiction to grant a variance permitting construction of new mobile home parks or new mobile home subdivisions at a lower elevation than at least two (2) feet above the base-flood level or the elevation established by the city council and/or planning and zoning commission.

(8)

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

(Ord. No. 3052, § 1, 12-21-77; Ord. No. 3549, § 1, 11-6-80; Ord. No. 5386, § 3, 2-4-88)