Whenever the standards of this ordinance place undue hardship on a specific development proposal, the applicant may apply to the Engineering Department of City of Bloomington for a variance. The Director shall review the applicant's request for a variance and shall submit his recommendation to the Board of Zoning Appeal. The Board may attach such conditions to granting of a variance as it deems necessary to further the intent of this ordinance.
A. 
No variance shall be granted unless the applicant demonstrates that:
(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 or 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 required state and federal permits have been obtained.
B. 
The Director shall notify an applicant in writing that a variance from the requirements of the building protection standards of Article VII that would lessen the degree of protection to a building will:
(1) 
Result in increased premium rates for flood insurance up to $25 for $100 of insurance coverage;
(2) 
Increase the risks 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.
C. 
Variances to the building protection requirements of Article VII of this ordinance requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of § 18-901A(1) through (5).
[Ord. No. 2001-05]
[Ord. No. 2001-05]
The degree of protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This ordinance does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This ordinance does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from proper reliance on this ordinance or any administrative decision made lawfully thereunder.
Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this ordinance. Upon due investigation, the Director may determine that a violation of the minimum standards of this ordinance exists. The Director shall notify the owner in writing of such violation.
A. 
If such owner fails after 10 days' notice to correct the violation:
(1) 
The City shall make application to the circuit court for an injunction requiring conformance with this ordinance or make such other order as the court deems necessary to secure compliance with the ordinance;
(2) 
Any person who violates this ordinance shall upon conviction thereof be fined not less than $25 nor more than $200; and
(3) 
A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
B. 
The Director shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
C. 
Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
[Ord. No. 2001-05]
[Ord. No. 2008-27]
This ordinance repeals and replaces other ordinances adopted by the City Council to fulfill the requirements of the National Flood Insurance Program including FIRM dated February 9, 2001. However, this ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this ordinance repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 2008-27]
The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.