Sec. 27-250.  Variance procedures - Flood Plain Overlay.

 

(a)   The board of adjustment as established by the city shall hear and decide appeals and requests for variances from the requirements of this division.

 

(b)   The board of adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the enforcement officer in the enforcement or administration of this division.

 

(c)   In passing upon such applications, the board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of this division; and

 

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

 

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

 

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

 

(4)       The importance of the services provided by the proposed facility to the community;

 

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

 

(6)       The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

 

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

 

(8)       The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

 

(9)       The safety of access to the property in times of flood for ordnance and emergency vehicles;

 

(10)     The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,

 

(11)     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, and streets and bridges.

 

(d)   Conditions for variances.  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, provided the following items have been fully considered.  As the lot size increases beyond the one-half acre, the technical jurisdiction required for issuing the variance increases.

 

(1)       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.

 

(2)       Variances shall not be issued within any 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 (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.

 

(5)       Any applicant to whom a variance is granted shall be given a written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

 

(6)       Any person aggrieved by the decision of the board of adjustment or any taxpayer may appeal such decision as provided in Section 19-912, R.R.S. 1943, as the same may, from time to time, be amended. 

 

Source:  Ord. No. 4603, 1, 9-16-02