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• <br /> 5.41 An application for a variance to the provisions of this <br /> ordinance will be processed and reviewed in accordance with <br /> applicable state statutes and this Chapter 17. <br /> 5.42 A variance must not allow a use that is not allowed in that <br /> district, a permit a lower degree of flood protection that the <br /> regulatory flood protection elevation for the particular area, or <br /> permit standards lower than those required by state law. <br /> 5.43 The following additional variance criteria of the Federal <br /> Emergency Management Agency must be met: <br /> (a) Variances must not be issued by a community within <br /> any designated regulatory floodway if .ray increase in flood levels <br /> during the base flood discharge would result. <br /> (b) Variances may only be issued by . community upon <br /> (i) a showing of good and sufficient cause, (ii)tidetermination that <br /> failure to grant the variance would result in exceptional hardship to <br /> the applicant,and (iii) a determination that the granting of a <br /> variance will not result in increased flood heights, additional threats <br /> to the public safety, extraordinary public expense, create nuisances, <br /> cause fraud on or victimization of the public, or conflict with <br /> existing local laws or ordinances. <br /> (c) Variances may only be issued upon a determination <br /> that the variance is the minimum necessary, considering the flood <br /> hazard, to afford relief. <br /> 5.44 The Zoning Administrator must submit hearing notices for <br /> proposed variances to the Department of Natural Resources <br /> sufficiently in advance to provide at least ten days' notice of the <br /> Board of Adjustment hearing on the proposed variance. The notice <br /> may be sent by electronic mail or U.S. Mail to the respective DNR <br /> area hydrologist. <br /> 5.45 A copy of all decisions granting variances must be forwarded <br /> to the Commissioner of the Department of Natural Resources <br /> within ten days of such action. The notice may be sent by electronic <br /> mail or U.S. Mail to the respective DNR area hydrologist. <br /> 5.46 The Zoning Administrator must notify the applicant for a <br /> variance that: 1) The issuance of a variance to construct a structure <br /> below the base flood level will result in increased premium rates for <br /> flood insurance up to amounts as high as $25 for $loo of insurance <br /> coverage and 2) Such construction below the base or regional flood <br /> level increases risks to life and property. <br /> 9 <br />