§ 81-24
Hardship variances. 

If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Township of Daugherty may, upon request, grant relief from the strict application of the requirements.

A. 

Requests for variances shall be considered by the Township of Daugherty in accordance with the following:

(1) 

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.

(2) 

Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining to development which may endanger human life (§ 81-21) or to development regulated by special permit (Article VIII).

[Amended 7-9-1986 by Ord. No. 82]

(3) 

If granted, a variance shall involve only the least modification necessary to provide relief.

(4) 

In granting any variance, the Township of Daugherty Supervisors shall attach whatever reasonable conditions and safeguards they consider necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.

(5) 

Whenever a variance is granted, the Township of Daugherty Supervisors shall notify the applicant in writing that:

(a) 

The granting of the variance may result in increased premium rates for flood insurance.

(b) 

Such variances may increase the risks to life and property.

(6) 

In reviewing any request for a variance, the Township of Daugherty Supervisors shall consider, but not be limited to, the following:

(a) 

That there is good and sufficient cause;

(b) 

That failure to grant the variance would result in exceptional hardship to the applicant; and

(c) 

That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable federal, state or local ordinance and regulations.

(7) 

A complete record of all variance requests and related actions shall be maintained by the Township of Daugherty. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

B. 

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.