§ 157.11  VARIANCES.
   (A)   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the 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. The Village Board of Trustees may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
   (B)   No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
      (1)   The development activity cannot be located outside the floodplain;
      (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 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;
      (6)   The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
      (7)   All other state and federal permits have been obtained.
   (C)   The Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards that would lessen the degree of protection to a building will:
      (1)   Result in increased premium rates for flood insurance up to $25 per $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 the applicant acknowledge in writing the assumption of the risk and liability.
(Ord. 2009-07, passed 4-1-09)