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<br />~ 155.56 BOARD OF ADJUSTMENT. <br /> <br />(A) Rules. The Planning and Zoning Commission and the City Council shall act as the Board of <br />Adjustment. The Planning and Zoning Commission shall investigate the matter, make fmdings of fact <br />and recommendation to the City Council who shall render a decision. <br /> <br />(B) 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 chapter. <br /> <br />(C) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief <br />or variance from the terms of this chapter as will not be contrary to the public interest and only for <br />those circumstances such as hardship, practical difficulties or circumstances unique to the property <br />under consideration, as provided for in the respective enabling legislation for planning and zoning for <br />cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly <br />identify in writing the specific conditions that existed consistent with the criteria specified in the <br />respective enabling legislation which justified the granting of the variance. No variance shall have the <br />effect of allowing in any district uses prohibited in that district, permit a lower degree of flood <br />protection than the regulatory flood protection elevation for the particular area or permit standards <br />lower than those required by state law. <br /> <br />(D) Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of the <br />Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable <br />time for a hearing and give due notice to the parties in interest as specified by law. The Board of <br />Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application <br />for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' <br />notice of the hearing. <br /> <br />(E) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance <br />within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as the action is in <br />conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, <br />requirement, decision or determination of the Zoning Administrator or other public official. It shall <br />make its decision in writing setting forth the fmdings of fact and the reasons for its decisions. In <br />granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards, <br />which are in conformity with the purposes of this chapter. Violations of these conditions and <br />safeguards, when made a part of the terms under which the variance is granted, shall be deemed a <br />violation of this chapter. A copy of all decisions granting variances shall be forwarded by mail to the <br />Commissioner of Natural Resources within ten days of the action. <br /> <br />(F) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as <br />specified in this community's official controls and also state law. <br /> <br />(G) Flood insurance notice and record keeping. The Zoning Administrator shall notify the <br />applicant for a variance that the issuance of a variance to construct a structure below the base flood <br />level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 <br /> <br />154 <br />