The Village Board may grant variances from the regulatory standards of this article in accordance with the following requirements:
(A) All variance requests. No variance shall be granted unless the applicant for the variance can demonstrate that:
(1) The development activity cannot be located outside the SFHA;
(2) A substantial economic 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 variance shall not prevent the issuance of any permits or stormwater management certifications required by another governmental body.
(7) The variance shall be in conformance with all requirements of Article XVI Variances of the DuPage County Countywide Stormwater and Flood Plain Ordinance as adopted in Ch. 6, Art. 14 of this code.
(B) Variances to lower protection levels. In addition to the requirements of division (A) above, a variance from the requirements of this article that would result in a structure not being protected to the elevation of the base flood shall also meet the following requirements:
(1) The Village Board, by a notation on the application, notifies the applicant in writing that such construction below the base flood level will increase the risks to life and property and that the applicant proceeds with full knowledge of these risks;
(2) The Village Board notifies the applicant that if the variance is issued, it is contingent upon the applicant obtaining approval from other agencies having jurisdiction, when the variance violates the requirements of such agencies;
(3) Require that the applicant proceed with full knowledge of these risks and that he or she will acknowledge in writing that he or she assumes all risks and complete liability.
(C) “Wet floodproofed” building. A variance from the requirements of this article may be granted to permit a “wet floodproofed” building, that is, a building to be intentionally flooded during a flood, provided:
(1) No part of such a building below the FPE may be subject to flood damage;
(2) The variance shall be conditioned on the contents being:
(a) Of materials resistant to flood damage; or
(b) Items declared “property not covered” by a standard flood insurance policy of the National Flood Insurance Program.
(3) Any future alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this article. The applicant shall be informed by a notation on the application or otherwise that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a standard flood insurance policy to be suspended.
(D) Historical structures. Variances requested in connection with the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historical Places or documented as worthy of preservation by the state Department of Conservation may be granted using criteria more permissive than the requirements of division (A) above.
(Ord 2012-07-27, passed 7-16-2012)