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7/21/2017 Chapter 13 - Zoning Code <br />http://library.amlegal.com/alpscripts/get-content.aspx 13/17 <br />existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the <br />elevation to which structures or alterations and additions to structures are flood proofed. <br /> Subd. 8 Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine <br />situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to <br />the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a <br />permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice <br />as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be <br />submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). <br /> Subd. 9 Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood <br />Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting <br />information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of <br />FEMA of the changes by submitting a copy of said technical or scientific data. <br />1335.24 Board of Adjustment. <br /> Subd. 1 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise <br />all of the powers conferred on such Boards by State law. <br /> Subd. 2 Administrative Review. The Board of Adjustment shall hear and decide appeals where it is <br />alleged there is error in any order, requirement, decision, or determination made by an administrative <br />official in the enforcement or administration of this Ordinance. <br /> Subd. 3 Variances. The City may authorize in specific cases such relief or variance from the terms of <br />this section and code in accordance with Section 1355. No variance shall have the effect of allowing in any <br />district uses that are prohibited in that district, permit a lower degree of flood protection than the <br />Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required <br />by State law. The following additional variance criteria of the Federal Emergency Management Agency <br />must be satisfied: <br /> A. Variances shall not be issued by a community within any designated regulatory floodway if any <br />increase in flood levels during the base flood discharge would result. <br /> B. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) <br />a determination that failure to grant the variance would result in exceptional hardship to the applicant, and <br />(iii) a determination that the granting of a variance will not result in increased flood heights, additional <br />threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of <br />the public, or conflict with existing local laws or ordinances. <br /> C. Variances shall only be issued upon a determination that the variance is the minimum necessary, <br />considering the flood hazard, to afford relief. <br /> Subd. 4 Conditional Uses. The City Council shall hear and decide applications for conditional uses <br />permissible under this Section. Applications shall be submitted to the City Administrator who shall <br />forward the application to the City Council for consideration. <br /> Subd. 5 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the City <br />Administrator, or an application for a variance or conditional use permit, the Board shall fix a reasonable <br />time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit <br />by mail to the Commissioner of Natural Resources a copy of the application for proposed variances <br />sufficiently in advance so that the Commissioner shall receive at least ten (10) days notice of the hearing. <br /> Subd. 6 Decisions. The Board shall arrive at a decision on the appeal, variance, or conditional use <br />permit in accordance with Section 1355. In granting a variance or conditional use permit the City may <br />prescribe appropriate conditions and safeguards, which shall be in conformity with the purposes of this <br />Dr <br />a <br />f <br />t <br /> <br />11 <br />/ <br />2 <br />0 <br />/ <br />2 <br />0 <br />1 <br />7