(A) No variances shall be granted to any development located in a regulatory floodway, as defined in § 152.02.
(B) 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 Zoning Board of Appeals for a variance.
(C) The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board.
(1) 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 or creation of a nuisance;
(e) There will be no additional public expense for flood protection, rescue or relief operations, policing or repairs to roads, utilities or other public facilities;
(f) The provisions of § 152.06(A) and (C) shall still be met;
(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.
(2) The Zoning Board of Appeals shall notify an applicant, in writing, that a variance from the requirements of § 152.07 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 he or she will acknowledge, in writing, the assumption that he or she assumes the risk and liability.
(3) Variances requested in connection with the restoration of a site or building listed on the National Register of Historic Places or documented as worthy of preservation by the Illinois Historic Preservation Agency may be granted using criteria more permissive than the requirements of divisions (C)(1) and (2) above.
(1981 Code, § 30.11) (Ord. 90-5, passed - -)