(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Village Zoning Board of Appeals for a variance. The Zoning Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board of Trustees.
(B) No variance shall be granted unless the applicant demonstrates 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
(C) The responsible village official shall notify an applicant in writing that a variance from the requirements of § 151.07 of this chapter that would lesson the degree of protection to a building will:
(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 he or she will acknowledge in writing that he or she assumes the risk and liability.
(D) A variance from the requirements of § 151.07 of this chapter may be granted to permit a wet floodproofed building, that is, a building to be intentionally flooded during a flood; provided that:
(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) Materials resistant to flood damage;
(b) Items declared property not covered by a standard flood insurance policy of the National Flood Insurance Program; or
(c) Readily movable to a place of protection during a flood provided there will be available personnel and adequate warning.
(3) Any future alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this chapter. The responsible village official shall inform the applicant that any such alteration is considered a wilful act to increase flood damages and therefore will cause coverage by a standard flood insurance policy to be suspended.
(E) Variances requested n connection with restoration of a site or building 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.