(A) An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and city zoning ordinances.
(B) A variance must not allow a use that is not allowed in that district, 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.
(C) The following additional variance criteria of the Federal Emergency Management Agency must be met:
(1) Variances must 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 may only be issued by a community upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 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; and
(3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) The City Council must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(E) A copy of all decisions granting variances must 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.
(F) The Zoning Administrator must notify the applicant for a variance that 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 such construction below the base or regional flood level increases risks to fife and property.
(G) The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(Ord. 77A, passed 10-5-2016)