No variances shall be granted to any development located in a "regulatory floodway" as defined in section 11-1-2 of this chapter. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the plan commission for a variance. The plan commission 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, lost environmental 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 streambeds and banks, roads, utilities or other public facilities;
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 building and zoning administrator shall notify an applicant in writing that a variance from the requirements of section 11-1-8 of this chapter 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) 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 he will acknowledge in writing that he assumes the risk and liability.
C. Variances requested in connection with restoration of an historic site or "historic structure" as defined in section 11-1-2 of this chapter, may be granted using criteria more permissive than the requirements of subsections A and B 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. 1630, 4-12-1999)