Upon application and after fifteen (15) days' notice of a public hearing, the village board may grant a variance of this chapter subject to compliance with the provisions of section 1910.6(a) of the rules and regulations of the national flood insurance program and such other conditions as the village board deems necessary to comply with the intent of this chapter.
Whenever the standards of this chapter place undue hardship on a specific development proposed in a floodplain, the applicant may apply, as provided by the subdivision ordinance 1 , for a variance.
A. No variance shall be granted unless the applicant demonstrates that:
1. The development activity cannot be located outside the special flood hazard area;
2. A substantial economic hardship would result if the variance was not granted;
3. The relief requested is the minimum necessary;
4. There will be no additional threat to public health or safety, no creation of a nuisance nor any increase in flood levels during the base flood discharge;
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;
6. Other provisions of this chapter can still be met.
B. An applicant shall be notified in writing that a variance from these requirements would lessen the degree of protection of a building resulting in:
1. Increased premium rates for flood insurance as high as twenty five dollars ($25.00) per one hundred dollars ($100.00) of insurance;
2. Increased risks to life and property;
The applicant shall acknowledge in writing the assumption of the risk and liability.
C. A variance may be granted to permit a "wet floodproofed" building, that is: a building to be intentionally flooded during a flood, provided:
1. No part of such a building below the flood protection elevation may be subject to flood damage; and
2. The variance shall be conditioned on the contents being:
a. Of materials resistant to flood damage; or
b. Items declared "property not covered" by a standard flood insurance policy of the national flood insurance program.
D. Any alteration of the area below the flood protection elevation that violates the conditions of the variance shall be deemed a violation of this chapter. 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. (Ord. 1114-83, 5-2-1983)
Notes
| 1 | 1. See section 10-7-3 of this code. |