A. No variances shall be granted within a Designated Floodway if any increase in Flood levels would result.
B. Whenever the standards of this Chapter place undue hardship on a specific Development proposal, the Applicant may apply to the Corporate Authorities for a variance. The Corporate Authorities shall review and act on the Applicant's request for a variance. The Village may attach such conditions to granting of a variance as it deems necessary to further the Flood protection intent of this Chapter.
C. No variance shall be granted unless the Applicant demonstrates, and the Corporate Authorities finds, 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 variance granted is the minimum necessary, considering the Flood hazard, to afford relief.
4. There will be no additional threat to public health or safety, destruction of beneficial stream uses and functions including, aquatic habitat, creation of a nuisance, causation of fraud on or victimization of the public, or conflict with existing local laws or ordinances.
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; and
7. The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
8. All other required state and federal permits or waivers have been obtained.
D. The Director of Public Works shall notify an Applicant in writing that a variance from the requirements of Section 4-12-8 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) per one hundred dollars ($100.00) of insurance coverage; and
2. Increase the risks to life and property; and
3. Require that the Applicant proceed with knowledge of these risks and that the Applicant will acknowledge in writing the assumption of the risk and liability.
E. The findings of fact and conclusions of law made by the Corporate Authorities according to this Section, the notifications required by this Section, and a record of hearings and evidence considered as justification for the issuance of all variances from this Chapter shall be maintained by the Village. (Ord. 3852, 1-10-2022)