§ 12.25  BOARD OF ADJUSTMENT; VARIANCES.
   Subd. 1.   Administrative review. An application for a variance to the provisions of this chapter shall be processed and reviewed in accordance with applicable state statutes and Chapter 11 of the City Code.
   Subd. 2.   Adherence to regulatory flood protection elevation/state flood plain management standards. No variance shall permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
   Subd. 3.   Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
      A.   Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
      B.   Variances shall only be issued by a community 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.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   Subd. 4.   Submittal of hearing notices to the Commissioner of the Department of Natural Resources. The Board of Adjustment shall submit to the Commissioner of the Department of Natural Resources (DNR) a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. The notice shall specify the time, place, and subject matter of the hearing and shall be accompanied by supporting information as is necessary to indicate the nature and effect of the proposed use. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
   Subd. 5.   Submittal of final decisions to the Commissioner of the Department of Natural Resources. A copy of all decisions granting variances shall be forwarded to the Commissioner of the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
   Subd. 6.   Flood insurance notice and record keeping.
      A.   The Zoning Administrator shall notify the applicant for a variance that:
         1.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
         2.   Construction below the base or regional flood level increases risks to life and property.
      B.   Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance.
(`80 Code, § 12.25) (Ord. 602, passed 8-19-13) Penalty, see § 12.99