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5•41 An ap�lication for a variance to the provisions of this <br /> �,,, ordinance will be�rocessed and reviewed in accordance with <br /> a�plicable state statutes and this Chapter iZ <br /> 5•42 A variance must not allow a use that is not allowed in that <br /> district, a �ermit a lower degree of flood protection that the <br /> regulatory flood protection elevation for the �articular area, or <br /> permit standards lower than those required b_y state law. <br /> 5•43 The following additional variance criteria of the Federal <br /> Emergency Mana�ement Agency must be met: <br /> (a) Variances must not be issued bX a community within <br /> any designated regulatory floodwav if any increase in flood levels <br /> durin�the base flood discharge would result. <br /> (b) Variances may only be issued by a communitxupon <br /> �i) a showing of good and sufficient cause, (ii) a determination that <br /> failure to grant the variance would result in exce�tional hardshi�to <br /> the ap�licant, and (iii) a determination that the�rantin�of a <br /> variance will not result in increased flood heights, additional threats <br /> to the �ublic safetv, e�raordinary�ublic ex�ense, create nuisances1 <br /> cause fraud on or victimization of the �ublic, or conflict with <br /> existin�local laws or ordinances. <br /> �.. (c) Variances may only be issued upon a determination <br /> that the variance is the minimum necessary, considerin�the flood <br /> hazard, to afford relief. <br /> 5•44 The Zoning Administrator must submit hearing notices for <br /> �roposed 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 �ro�osed variance. The notice <br /> mav be sent bX electronic mail or U.S. Mail to the respective DNR <br /> area hvdrologist. <br /> 5•45 A co�y of all decisions ranting variances must be forwarded <br /> to the Commissioner of the Devartment 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 h, d��ist• <br /> 5•46 The Zoning Administrator must notify the a��licant for a <br /> variance that: i) The issuance of a variance to construct a structure <br /> below the base flood level will result in increased�remium rates for <br /> flood insurance up to amounts as high as $2� for $ioo of insurance <br /> coverage and 2) Such construction below the base or regional flood <br /> ��— level increases risks to life and�ropertv. <br /> 9 <br />