(A) Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the City Council for a variance. The Community Development Director 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.
(1) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(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 state and federal permits have been obtained.
(2) The city shall notify an applicant in writing that a variance from the requirements of the building protection standards of § 152.07 that 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;
(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.
(B) Variances to the building protection requirements of § 152.07 of this chapter 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 subsection (A)(1)(a) through (d).
(Ord. 3210, passed 11-3-2003)