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No variances shall be granted to any development located in a regulatory floodway, as defined in Section 15.68.020 of this chapter. However, when a development proposal is located outside of a regulatory floodway, and whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the Director or to the Metropolitan Water Reclamation District of Greater Chicago for a variance. Only the Metropolitan Water Reclamation District of Greater Chicago may grant variances from the requirements of the WMO. The Director shall review the applicant's request for a variance from Village standards that exceed the requirements of the WMO and shall submit his or her recommendation to the Village Council.
A. No variances shall be granted unless the applicant demonstrates that all of the following criteria have been met:
1. The development activity cannot be located outside the SFHA.
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 welfare.
5. There will be no additional threat to beneficial stream uses and functions, including aquatic habitat.
6. There will be no nuisance created.
7. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
8. The activity is not in a regulatory floodway.
9. The applicant's circumstances are unique and do not represent a general problem.
B. The Director shall notify an applicant in writing that a variance of the requirements of Section 15.68.080 of this chapter that would lessen the degree of protection to a building will do any of the following:
1. Result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage.
2. Increase the risks to life and property.
3. Require that the applicant proceed with knowledge of these risks and that he or she will acknowledge in writing that he or she assumes the risk and liability.
C. Variances requested in connection with restoration of a site or building listed on the National Register of Historical Places or documented as worthy of preservation by the Illinois Historic Preservation Agency may be granted using criteria more permissive than the requirements of subsections (A) and (B) of this section.
(Prior code § 28.10) (MC-5-2014 § 24, 04/17/2014)