§ 151.086  VARIANCES.
   (A)   Variances to the provisions and/or requirements of this chapter may only be granted by written approval of the Village Board.
   (B)   Variance shall only be granted upon all of the following:
      (1)   Showing of good and sufficient cause;
      (2)   A determination that the variance is the minimum necessary to afford relief, considering the flood hazard and water quality;
      (3)   A finding that failure to grant the variance would result in exceptional hardship to the applicant;
      (4)   A finding that the granting of a variance would not result in increased flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud or victimization of the public, nor conflict with existing local laws or ordinances and that all buildings will be protected by methods that minimize flooding damage during the base flood elevation;
      (5)   The applicant’s circumstances are unique and do not represent a general problem; and
      (6)   The granting of the variance will not alter the essential character of the area involved including existing stream uses.
   (C)   The petitioner shall place his or her request for variation in writing, citing the specific section of the ordinance being sought for variance to the Administrator.
   (D)   (1)   The Administrator, within 15 calendar days, shall forward the petitioner’s request, along with his or her recommendation to the Village Board for its consideration; or
      (2)   The Administrator, within 15 calendar days, shall respond in writing to the petitioner should he or she determine that the request is incomplete due to lack of information or specificity.
   (E)   The Village Board’s determination in the variation process shall be final.
(Ord. 07-02, passed 4-16-2007)