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ORD 23-25
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ORD 23-25
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Last modified
4/17/2024 2:44:56 PM
Creation date
12/6/2023 10:35:38 AM
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City Government
type
ORD
date
12/4/2023
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,"3� Substantial damage and substantial improvement determinations as detailed in section 30- <br />1913(cc), including the cost of improvements. repairs, and market value: and <br />(4) All variance actions, including justification for their issuance. <br />(Code 1982, § 902.16(2)(A)—(2)(F); Ord. No. 11-05, 5 14, 10-17-2011) <br />Sec. 30-1893. - Board of adjustments; appeals and variances. <br />(a) Powers arrd duties of board of adjarstmews. The planning commission, which serves as the board of <br />adjustments under this article pursuant to subdivision II of division 2 of this article, shall be the <br />board of adjustments under this division., with the following powers and duties: <br />(1) The board of adjustments shall hear and decide appeals where it is alleged there is error <br />in any order, requirement, decision, or determination made by an administrative official in <br />the enforcement or administration of this division. <br />(2) The board of adjustments shall hear and decide requests for variances from the <br />provisions of this division pursuant to the standards set forth in this section. <br />In exercising these powers and duties, the city council shall follow the procedures, rules <br />and regulations established in subdivision II of division 2 of this article. <br />(b) Rlrles. The board of adjustments shall adopt rules for the conduct of business and may exercise <br />all of the powers conferred on such boards by state law. <br />(c) Variarrcesgerremlyl . The board of adjustments may authorize upon appeal in specific cases such <br />relief or variance from the terms of this division as will not be contrary to the public interest, <br />and only for those circumstances such as hardship, practical difficulties, or circumstances <br />unique to the property under consideration, as provided for in subdivision II of division 2 of <br />this article. In the granting of such variance, the board of adjustments shall clearly identify in <br />writing the specific conditions that existed consistent with the criteria specified in subdivision <br />II of division 2 of this article which justified the granting of the variance. <br />(d) Variances must not be issued within any designated regulator- floodway if any increase in flood <br />levels during; the base flood structure would result; <br />(e) In addition to the criteria set forth in d-isieti 2, subdivision II of this article, the following <br />additional variance criteria of the Federal Emergency Management Agency must be satisfied for <br />the issuance of a variance for any property within any designated regulatory floodplain: <br />(1) Variances shall only be issued upon a showing of good and sufficient cause, and a <br />determination that failure to grant the variance would result in exceptional hardship to the <br />applicant. <br />(2) A determination [of] the granting of a variance will not result in increased flood <br />heights, additional threats to public safety, extraordinary public expense, create nuisances, <br />
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