(a) Authorization. No variations shall be granted to any development located in a designated floodway as defined in § 9-95. When a development proposal is located outside of a designated floodway, and whenever the standards of this article place undue hardship on a specific development proposal, the applicant may apply to the zoning board of appeals for a variation. The zoning board of appeals shall review the applicant’s request for a variation and shall submit its recommendation to the board of trustees, which may grant the variation by ordinance duly adopted. The village board of trustees may attach such conditions to granting of a variance as it deems necessary to further the flood protection intent of this article XVI.
(b) Standards. No variation shall be granted by the village board of trustees unless the applicant demonstrates, and the zoning board of appeals finds, that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary, considering the flood hazard, to afford relief;
(4) There will be no additional threat to public health or safety, destruction of beneficial stream uses and functions including, aquatic habitat, creation of a nuisance, causation of fraud on or victimization of the public, or conflict with existing local laws or ordinances;
(5) There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities;
(7) The activity is not in a designated floodway;
(8) The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP;
(9) The granting of the variation will not alter the essential character of the area involved, including existing stream uses; and
(10) All other required state and federal permits or waivers have been obtained.
(c) Notice to applicant. The building commissioner shall notify an applicant in writing that a variation from the requirements of § 9-101 that would lessen the degree of protection to a building shall:
(1) Result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
(2) Increase the risks to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant shall acknowledge in writing that the applicant assumes the risk and liability.
(d) The findings of fact and conclusions of law made by the zoning board of appeals and the board of trustees according to § 9-103(b), the notifications required by § 9-103(c), and a record of hearings and evidence considered as justification for the issuance of all variances from this article XIV shall be maintained by the village in perpetuity.
(e) Historic structures. Variations requested in connection with restoration of a site or building listed on the National Register of Historical Places or documented as worthy of preservation by the Illinois Historic Preservation Agency may be granted using criteria more permissive than the requirements of subsections 9-103(a) and 9-103(b), subject to conditions that:
(1) The variance is the minimum necessary to preserve the historic character and design of the building; and
(2) The repair or rehabilitation will not preclude the building's continued designation as a historic structure.
(Ord. No. 2021-16-3512)