§ 551.585. Variances and conditional use permits.

(a)  Additional requirements. An application for a variance to the provisions of this ordinance or for a conditional use permit will be processed and reviewed in accordance with applicable state statutes and Chapter 525 of the zoning ordinance and shall be subject to the additional provisions of this section.

(b)

Variances.

(1)

Adherence to state floodplain management standards. A variance shall not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

(2)

Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

a.

Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

b.

Variances may only be issued by a community upon:

1.

A showing of good and sufficient cause;

2.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

3.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

c.

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(3)

The zoning administrator shall notify the applicant for a variance that:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and

b.

Such construction below the base or regional flood level increases risks to life and property.

Such notification shall be maintained with a record of all variance actions.

(4)

The City of Minneapolis shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.

(5)

A copy of all decisions granting variances shall be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.

(6)

The zoning administrator shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances in an annual or biennial report to the administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

(c)

Conditional uses.

(1)

In passing upon conditional use applications, the city must consider all relevant factors specified in other sections of this ordinance, and those factors identified in section 551.585(d).

(2)

The city may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:

a.

Modification of waste treatment and water supply facilities.

b.

Limitations on period of use, occupancy, and operation.

c.

Imposition of operational controls, sureties, and deed restrictions.

d.

Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

e.

Floodproofing measures, in accordance with the state building code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(3)

The city shall submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or United States Mail to the respective DNR area hydrologist.

(4)

A copy of all decisions granting conditional uses shall be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or United States Mail to the respective DNR area hydrologist.

(d)

General considerations. The following factors may be considered in granting variances and imposing conditions on variances and conditional uses in floodplains:

(1)

The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

(2)

The danger that materials may be swept onto other lands or downstream to the injury of others;

(3)

The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

(4)

The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

(5)

The importance of the services to be provided by the proposed use to the community;

(6)

The requirements of the facility for a waterfront location;

(7)

The availability of viable alternative locations for the proposed use that are not subject to flooding;

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(9)

The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area;

(10)

The safety of access to the property in times of flood for ordinary and emergency vehicles; and

(11)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

( Ord. No. 2016-077 , § 2, 11-4-2016)