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5•41 An application for a variance to the provisions of this <br /> ordinance will be processed and reviewed in <br /> accordance with applicable state statutes and this <br /> Chapter i�. <br /> 5•42 A variance must not allow a use that is not allowed in <br /> that district, a permit a lower degree of flood <br /> protection that the regulatory flood protection <br /> elevation for the particular area, or permit standards <br /> lower than those required by state law. <br /> 5•43 The following additional variance criteria of the <br /> Federal Emergency Management Agency must be <br /> met: <br /> (a) Variances must not be issued by a community <br /> within any <br /> designated regulatory floodway if any increase <br /> in flood levels during the base flood discharge <br /> would result. <br /> (b) Variances may only be issued by a community <br /> upon (i) a <br /> showing of good and sufficient cause, (ii) a <br /> determination that failure to grant the variance <br /> would result in exceptional hardship to the <br /> applicant, and (iii) a determination that the <br /> granting of a variance will not result in <br /> increased flood heights, additional threats to <br /> the public safety, extraordinary public expense, <br /> create nuisances, cause fraud on or <br /> victimization of the public, or conflict with <br /> existing local laws or ordinances. <br /> (c) Variances may only be issued upon a <br /> determination that the variance is the <br /> minimum necessary, considering the flood <br /> hazard, to afford relief. <br /> 5•44 The Zoning Administrator must submit hearing <br /> notices for proposed variances to the Department of <br /> Natural Resources sufficiently in advance to provide <br /> at least ten days' notice of the Board of Adjustment <br /> hearing on the proposed variance. The notice may be <br /> sent by electronic mail or U.S. Mail to the respective <br /> DNR area hydrologist. <br /> Pequot Lakes Staff Report 3(b)-i� <br /> October i�,2oi9 <br />