If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
Requests for variances shall be considered by the Zoning Hearing Board and/or the Centre Region Building and Housing Code Board of Appeals in accordance with the procedures contained in §
118-16 and the following:
A. No variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§
118-23).
B. 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.
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the adjudicatory body shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this chapter.
E. Whenever a variance is granted, the adjudicatory body shall also
notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
F. In reviewing any request for a variance, the adjudicatory body shall
consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the variance will neither result in air unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense, nor create nuisances, cause
fraud on, or victimize the public, or conflict with any other applicable
state or local ordinances and regulations.
G. A complete record of all variance requests and related actions shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency. 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.