Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Planning Commission for a variance. The Planning Commission shall review the applicant’s request for a variance and shall submit its recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(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 or 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 provisions of § 153.06(C) are met; and
(7) The provisions of § 153.07(A) are met.
(B) The Building Official shall notify an applicant in writing that a variance from the requirement of § 153.08 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to amounts that may be as high as $25 for $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.
(C) Variances to the building protection requirements of § 153.08 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 (A) above.
(1978 Code, § 15.08.100) (Ord. 91-13, passed - -1991)