A. Requirements: In addition to the procedures and requirements for amendments and variances as established in chapters 3 and 6 of this title, the commissioner of natural resources shall be given at minimum ten (10) days' notice of any public hearing, and a review and written report must be obtained from the Minnesota department of natural resources and any other governmental body or commission having jurisdiction for such changes, additions or modifications affecting an FP, floodplain overlay district. The commissioner of natural resources shall be advised in writing of all decisions made regarding variances and amendments within ten (10) days of the final decision.
B. Minimum Standards: No variance or amendment shall have the effect of allowing a prohibited use within an FP district, permit a lesser degree of flood protection than the regulatory flood protection elevation, and/or permit standards lower than those required under applicable state law.
C. Amendments:
1. The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he determines that, through other measures, lands are adequately protected for the intended use.
2. Changes in the official zoning map must meet the FEMA technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the amendment or technical study under consideration.
D. Variances:
1. In addition to the criteria established by section 11-6-5 of this title, the 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.
2. The zoning administrator shall notify the applicant for a variance that: a) 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and b) 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. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biannual report submitted to the administrator of the national flood insurance program. (Ord. 883, 9-19-2011)