(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Board of Appeals for a variance.
(B) The Village Administrator and the Plan and Zoning Commission shall review the applicant’s request for a variance and shall submit its recommendation to the Board of Appeals.
(C) The Board of Appeals shall consider the request and make a final determination within a reasonable time.
(D) The Board of Appeals may attach the conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(1) No variations shall be granted unless the applicant demonstrates that the following conditions are met:
(a) The development activity cannot be located outside the floodplain;
(b) A significant hardship would result if the variance were not granted;
(c) The relief requested is the minimum necessary;
(d) There will be no additional threat to public health or safety, or creation of a nuisance;
(e) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities or other public facilities;
(f) The applicant’s circumstances are unique or unusual and do not establish a pattern inconsistent with the intent of the NFIP; and
(g) All other required state and federal permits have been obtained.
(2) The Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 151.26 that would lessen the degree of protection to a building will:
(a) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(b) Increase the risks to life and property; and
(c) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(3) Historic structures. Variances to the building protection requirements of § 151.26 which are requested in connection with the reconstruction, repair or alteration of a historic site or historic structure as defined in § 151.02 of this code may be granted using criteria more permissive than the requirements of §§ 151.26 and 151.27, subject to the conditions that:
(a) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
(b) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(4) Agriculture. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building’s unique circumstances. In order to minimize flood damages during the 100 year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at grade and wet floodproofed:
(a) All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures such as farm houses cannot be considered agricultural structures;
(b) Use of the structures must be limited to agricultural purposes;
(c) For any new or substantially damaged agricultural structures, the exterior and the interior building components and elements (i.e., foundation, wall framing, exterior and finishes, flooring, etc.) below the base flood elevation, must be built with flood resistant materials in accordance with § 151.26 of this code;
(d) Agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 151.26. All of the building’s structural components must be capable of resisting specific flood related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces;
(e) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 151.26;
(f) The NFIP requires that enclosures or foundation walls, subject to the 100 year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 151.26(B);
(g) The agricultural structures must comply with the floodplain management floodway provisions of § 151.25. No variances may be issued for agricultural structures within any designated floodway; and
(h) Wet floodproofing techniques must be viewed and approved by the Village Administrator and a licensed professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(5) Upon application for a variance, a public hearing shall be held by the Village Board of Appeals. No less than 15 days’ and no more than 30 days’ notice shall be given in a newspaper of general circulation in the village. The Plan and Zoning Commission shall review the request for a variance, and shall submit its advisory opinion on the application. The Board of Appeals shall fix a reasonable time for the hearing of the variance request. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in a particular case. Each resolution shall be filed with the Village Clerk.
(Ord. 13-09-1, passed 9-10-2013)