A. The Board of Adjustments and Appeals established in Section 7A-520 through Section 7A-560 of the Columbus City Code shall have jurisdiction to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance, and to consider variances from the terms of this Ordinance, according to the procedures and requirements of Section 7A-520 through Section 7A-560 of the Columbus City Code.
B. In addition to the provisions and procedures in Section 7A-520 through Section 7A-560 of the Columbus City Code, no variance in the General Floodplain District 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. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
1. 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
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 a practical difficulty 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. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
C. Public hearings for appeals or variances shall be conducted according to the procedures and requirements of Section 7A-520 through Section 7A-560 of the Columbus City Code. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application and public notice for proposed appeals or variances at least ten days prior to the date of the hearing.
D. The Board of Adjustments and Appeals shall arrive at a decision on appeals or variances according to the procedures and requirements of Section 7A-520 through Section 7A-560 of the Columbus City Code. A copy of all decisions granting variances shall be forwarded by mail to the Commission of Natural Resources within ten (10) days of such action. Violations of the conditions and safeguards made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance.
E. Appeals from any decision of the Board of Adjustments and Appeals may be made, and as specified in the Columbus City Code and by Minnesota Statutes.
F. Flood Insurance Notice and Record Keeping. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances as required to the Administrator of the National Flood Insurance Program. 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, and
2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.
[§ 7F-820, #B2 is amended by Ord. No. 11-04, effective June 30, 2011.]