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(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)