Village of Bannockburn, IL Article IV Variances

§ 196-10 Conditions for issuance.

The Village Board of Trustees, upon application, after hearing, and subject to the process and standards that follow, may grant variances to the provisions of this Part 1 that will not cause detriment to the public good, safety, or welfare nor be contrary to the spirit, purpose, and intent of this Part 1 when, by reason of unique and exceptional physical circumstances or conditions of a particular property, the literal enforcement of the provisions of this Part 1 would result in an unreasonable hardship.

A. The Village shall administer the variance provisions, except for public road developments, which shall be administered by the SMC.

B. A public notice will be issued inviting public comment on all proposed variances to major development performance standards. A copy of the public notice will be sent to SMC.

C. Variances shall be granted only upon:

(1) A showing of good and sufficient cause; and

(2) A determination that the variance is the minimum necessary to afford relief, considering the flood hazard and water quality; and

(3) A finding that failure to grant the variance would result in exceptional hardship to the applicant; and

(4) A finding that the granting of a variance would not result in increased flood heights, additional threats to public safety, or extraordinary public expense, would not create nuisances, would not cause fraud on or victimization of the public, and would not conflict with existing local laws or ordinances, and a finding that all buildings will be protected by methods that minimize flood damage during the base flood elevation; and

(5) A finding that the development activity cannot be located outside the floodplain; and

(6) A determination that the activity is not in a regulatory floodway.

D. Upon consideration of the factors noted above and the intent of this Part 1, the Village Board of Trustees may attach such conditions to the granting of a variance deemed necessary to further the purposes and objectives herein.

E. Variances requested in connection with restoration of an historic site or historic structure may be granted using criteria more permissive than the requirements of this section, subject to the conditions that the repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure and the repair or rehabilitation will not result in the structure being removed as a certified historic structure.

F. The enforcement officer shall notify an applicant in writing that a variance from the requirements of § 196-7B(6) that would lessen the degree of protection to a building will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, increase the risks to life and property, and require that the applicant will acknowledge in writing the assumption of the risks and liability.

G. In a regulatory floodplain without a regulatory floodway that drains greater than one square mile, a variance may not be granted that will result in a loss of the floodplain storage of greater than 10% of the existing floodplain storage on the site.

H. A variance requested in connection with the redevelopment of previously developed sites that will further the public policy goals of downtown redevelopment and neighborhood revitalization may be granted, provided the variance would not result in an increase in the pre-redevelopment runoff rate or volume and there will exist adequate downstream stormwater capacity.

I. Written findings shall be made public for all findings on variances and shall be provided to the SMC.