(a) Whenever the standards of this chapter place undue hardship on a specific development proposal, any person may apply for a variance from the requirements of this chapter. Application for a variance from any requirement of this chapter shall be made to the commissioner of the issuing department with jurisdiction for that requirement. The commissioner of the issuing department shall notify the applicant in writing that a variance from the requirements of this chapter will have the following consequences:
(i) Result in increased premium rates for flood insurance up to amounts that may be as high as $25.00 for $100.00 of insurance coverage;
(ii) Increase the risks to life and property; and
(iii) Require that the applicant acknowledge in writing that the applicant has knowledge of these risks and that the applicant assumes all of the risk and liability entailed in proceeding subject to the variance.
(b) No variance shall be granted unless the applicant demonstrates that:
(i) The development activity cannot be located outside the S.F.H.A.;
(ii) An exceptional hardship would result if the variance were not granted;
(iii) The relief requested is the minimum necessary;
(iv) There will be no additional threat to public health or safety, nor the creation of a nuisance if the variance is granted;
(v) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
(c) The commissioner of an issuing department shall submit the request to the commissioner of planning for review and comment, and shall consider the written comments received from the commissioner of planning in granting or denying the variance.
(d) Variances to the building protection requirements of this chapter requested in connection with the reconstruction, repair or alteration of a site or 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 subsection (b) of this section.
(Added Coun. J. 6-28-91, p. 2766)