Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Code Appeals Board for a variance. The Code Appeals Board shall review the applicant's request for a variance and shall submit its recommendation to the Board of Trustees. The Board of Trustees 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 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, public safety, destruction of beneficial stream uses and functions including aquatic habitat, causation of fraud on or victimization of the public, conflict with existing local laws or ordinances, or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, lost environmental stream uses and functions, repairs to streambeds and banks, or repairs to roads, utilities, or other public facilities;
(6) The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other state and federal permits have been obtained.
(B) The Code Appeals Board shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 152.08 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risk 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) Agriculture. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in this chapter. In order to minimize flood damages during the base flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
(1) All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures or animal confinement facilities, such as farmhouses, cannot be considered agricultural structures.
(2) Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the community's Flood Insurance Rate Map.
(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (e.g., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with § 152.08 of this chapter.
(4) The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with § 152.08 of this chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
(5) Any mechanical, electrical, or other utility equipment must be located at or above the flood protection elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 152.08 of this chapter.
(6) The NFIP requires that enclosure or foundation walls, subject to the base flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 152.08(B) of this chapter.
(7) The agricultural structures must comply with the floodplain management floodway provisions of § 152.07 of this chapter. No variances may be issued for agricultural structures within any designated floodway.
(8) Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
(D) The findings of fact and conclusions of law made by the Code Appeals Board according to § 152.12(A), the notifications required by § 152.12(B), 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 in perpetuity.
(Prior Code, § 17-110) (Ord. 1891, passed 10-5-2020)