§ 151.068 VARIANCES.

   (A)   Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Village Zoning Board of Appeals for a variance. The Village Board of Appeals shall review the applicant’s request for a variance and shall submit its recommendation to the Village Board of Trustees. The Village Board of Trustees may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.

   (B)   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 relief requested is the minimum necessary;

      (4)   There will be no additional threat to public health, 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 applicant’s circumstances 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.

   (C)   The Village Zoning Board of Appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of §§ 151.045 through 151.050 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.

   (D)   Variances to the building protection requirements of §§ 151.045 through 151.050 which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure, as defined in “historic structures”, may be granted using criteria more permissive than the requirements of §§ 151.020 through 151.034 and 151.045 through 151.050, subject to the conditions that:

      (1)   The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and

      (2)   The repair or rehabilitation will not result in the structure being removed as a certified historic structure.

(Ord. 10-01, passed 7-12-2010)