(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board for a variance. The Zoning Board shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board.
(B) The Village Board may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(1) Requirements for variance. No variance shall be granted unless the applicant demonstrates that:
(a) The development activity cannot be located outside the floodplain;
(b) An exceptional 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 and do not establish a pattern inconsistent with the intent of the NFIP; and
(g) All other required local, state and federal permits have been obtained. (65 ILCS 5/11-13-4 and 5/11-13-5 establishes specific municipal zoning variance criteria.)
(2) Notification of applicant. The Zoning Administrator shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 152.07 would lessen the degree of protection to a building will:
(a) Result in increased premium rates for flood insurance up to $25 for $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. (The standard flood insurance policy permits an insurance adjuster to not pay for damage that was caused by something the owner did which increased the hazard to the property. Section 1316 of the National Flood Insurance Act authorizes local officials to request denial of flood insurance for buildings in violation of local floodplain codes.)
(3) Variances to the building protection requirements. Variances to the building protection requirements of § 152.07 requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of division (B)(1)(a) through (B)(1)(e).
(C) Communities in the NFIP are required to maintain a record of all variance actions, including justification for their issuance, and report them to FEMA. FEMA may review variances and suspend a community from the NFIP if the review “indicates a pattern inconsistent with the objectives of sound floodplain management”.
(1999 Code, § 14-1-9) Penalty, see § 152.99