(A) No variances shall be granted within a designated floodway, as defined in § 152.02, 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 Village Planning Commission for a variance. The Planning Commission shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board. 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 Planning Commission 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 applicant’s circumstances 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 Community Development shall notify an applicant in writing that a variance from the requirements of § 152.23 that would lessen the degree of protection to a building will:
(l) Result in increased premium rates for flood insurance up to amounts as high as $25 per $100 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) Variances requested in connection with restoration of a historic site or historic structure, may be granted to allow repair or rehabilitation of historic structures using criteria more permissive than the requirements of divisions (C) and (D) above subject to the conditions that:
(1) The variance is the minimum necessary to preserve the historic character and design of the building; and
(2) The repair or rehabilitation will not preclude the building’s continued designation as a historic structure.
(F) The findings of fact and conclusions of law made by the Planning Commission according to division (C) above, the notifications required by division (D) above, 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.
(Ord. 93-O-048, passed 6-22-93; Am. Ord. 2019-O-003, passed 2-5-19; Am. Ord. 2019-O-054, passed 9-17-19)