(A) Process.
(1) An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this chapter.
(2) An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with M.S.§ 462.357, subd. 6(2) and this chapter.
(B) Additional variance criteria. The following additional variance criteria must be satisfied:
(1) Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Variances from the provisions of this chapter may only be issued by a community upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship 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 from the provisions in this chapter may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.
(5) Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).
(6) The Zoning Administrator must notify the applicant for a variance in writing 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 $25 for $100 of insurance coverage; and
(b) Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.
(C) Considerations for approval. The city must consider all relevant factors specified in other sections of this chapter in granting variances and conditional use permits, including the following:
(1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(D) Conditions of approval. The city may attach such conditions to the granting of variances and conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(1) Limitations on period of use, occupancy, and operation.
(2) Imposition of operational controls, sureties, and deed restrictions.
(3) The prevention of soil erosion or other possible pollution of public waters, both during and after construction.
(4) Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission, and City Council.
(Ord. 406, passed 11-27-1989; Ord. 607, passed 7-8-2024)