Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the city council for a variance. The city council shall review the applicant's request for a variance. The city council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
A. No variance shall be granted unless the applicant demonstrates that:
1. The development activity cannot be located outside the SFHA;
2. An exceptional hardship would result if the variance were not granted;
3. The relief requested is the minimum necessary;
4. There will be no additional threat to public health or safety or creation of a nuisance;
5. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities or other public facilities; and
6. The provisions of subsection 9-3-5C of this chapter are met.
B. The city clerk shall notify an applicant in writing that a variance from the requirements of section 9-3-7 of this chapter that would lessen the degree of protection to a building will:
1. Result in increased premium rates for flood insurance up to amounts that may be as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
2. Increase the risks to life and property; and
3. Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
C. Variances to the building protection requirements of section 9-3-7 of this chapter requested in connection with the reconstruction, repair or alteration of a site of building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsections A1 through A5 of this section. (Ord. 6675, 9-25-2002)