§ 15.24.160. Variance procedures.

The planning and zoning commission as established by the village renders judgment on request for variances from the requirements of this chapter.

B.

The planning and zoning commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.

C.

Any person or persons aggrieved by the decision of the planning and zoning commission or the village council may appeal such decision in the courts of competent jurisdiction.

D.

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

E.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this chapter.

F.

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that relevant factors in Section 15.24.150(B) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

G.

Upon consideration of the factors noted in this section and the intent of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter (Section 15.24.030).

H.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

I.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

J.

Variances may be issued by the village for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (1) the criteria outlined in subsections A through I of this section are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. 269-B (part), 2000; Ord. 150 Art. 4(D), 1988)