Upon application and after 15 days’ notice of a public hearing, the Zoning Board of Appeals may grant a variance of the this chapter subject to compliance with the following procedures and such other conditions as the Board of Zoning Appeals deems necessary to comply with the intent of this chapter.
(A) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(B) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size to and surrounded by lots with existing structures construable below the base flood level, in conformance with the procedures of divisions (C), (D), and (E) below. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond a one-half acre, the technical justification required for issuing a variance increases.
(C) Variances shall be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in an exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinance.
(D) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) The Building Inspector shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in division (F) above.
(F) The Building Inspector shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the annual report submitted to the City Council, the Illinois Department of Transportation, Division of Water Resources, and the Federal Insurance Administration.
(Prior Code, § 151.14) (Ord. 89-9, passed 12-18-1989)