No variances shall be granted to any development located in a regulatory floodway as defined in
§ 152.01. However, when a development proposal is located outside of a regulatory floodway and whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Comptroller and Zoning Board of Appeals.
(A) Appeals of administrative decisions. The Comptroller is charged with the duties of inspection and approval of structures and items subject to the regulations contained in this chapter. In the event that a property owner or some third party is shown to be affected by said Comptroller's application of the regulatory provisions contained herein, said person or persons may file a written petition to the Comptroller within 30 days setting forth the reasons challenged. In accordance with existing procedures, the Zoning Board of Appeals shall then conduct a hearing providing interested parties with an opportunity to be heard. The Zoning Board of Appeals shall then either approve, modify, or overrule the determination of the Comptroller, as applied to the petitioning party or parties of interest.
(B) Summary forwarded. The Zoning Board of Appeals shall forward a written summary of the action taken to the President and Board of Trustees of the village, setting forth the findings of the Comptroller and recommendations. The President and Board of Trustees shall act by approving, modifying, reversing, or remanding the decision of the Zoning Board of Appeals.
(C) Variances permitted. The President and Board of Trustees of the village, after receiving the findings and recommendations of the Zoning Board of Appeals on a petition for a variance from the regulatory standards of this chapter filed before said Commission, may grant variances from the regulatory standards of this chapter in accordance with the following requirements:
(1) Fee. All petitions for a variance submitted to the Zoning Board of Appeals shall be accompanied by the payment of a $200 fee to cover the administrative costs for the processing of the petition.
(2) Criteria. No variance shall be granted unless the applicant demonstrates that:
(a) The development activity cannot be located outside the SFHA;
(b) An exceptional hardship would result if the variance were not granted;
(c) The relief requested is the minimum necessary;
(d) There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;
(e) There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to stream beds and banks, roads, utilities, or other public facilities;
(g) The activity is not in a regulatory floodway;
(h) The applicant's circumstances are unique and do not represent a general problem; and
(i) The granting of the variance will not alter the essential character of the area involved including existing stream uses.
(3) Notice. The Comptroller shall notify an applicant in writing that a variance from the requirements of § 152.32 that would lessen the degree of protection to a building will:
(a) Result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
(b) Increase the risks to life and property; and
(c) Require that the applicant proceed with knowledge of these risks and that the applicant will acknowledge in writing that he or she assumes the risk and liability.
(D) Historic places. Variances requested in connection with restoration of a site or building listed on the Natural Register of Historical Places or documented as worthy of preservation by the state Historic Preservation Agency may be granted using criteria more permissive than the requirements of divisions (A) and (C)(2) of this section.
(E) Disclaimer of liability. The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage. This chapter does not create liability on the part of the village or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 7-28, passed 5-9-07
; Am. Ord. 8-70, passed 7-16-08)