§ 154.51 VARIANCES.
   No variances shall be granted to any development located in a regulatory floodway as defined in § 154.02. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this section place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Appeals for a variance. The Zoning Board shall review the applicant's request for a variance and shall submit its recommendation to the Board of Trustees.
   (A)   No variance shall be granted unless the applicant demonstrates that:
      (1)   The development activity cannot be located outside the SFHA;
      (2)   An exceptional 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, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;
      (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 stream beds and banks, roads, utilities, or other public facilities;
      (6)   The provisions of §§ 154.52 through 154.54 shall still be met;
      (7)   The activity is not in a regulatory floodway;
      (8)   The applicant's circumstances are unique and do not represent a general problem; and
      (9)   The granting of the variance will not alter the essential character of the area involved, including existing stream uses.
   (B)   The Village Manager or their designee shall notify an applicant in writing that a variance from the requirements of § 154.54 that would lessen the degree of protection to a building will:
      (1)   Result in increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage;
      (2)   Increase the risks to life and property; and
      (3)   Require that the applicant proceed with the knowledge of these risks, and that the applicant will acknowledge in writing that he or she assumes the risk and liability.
   (C)   Variances requested in connection with restoration of a site or building listed on the Natural 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 this section, subject to the conditions that:
      (1)   The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
      (2)   The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Ord. 801, passed 7-26-05) Penalty, see § 154.99