NOTE: If a municipality has a Zoning Hearing Board (ZHB), applications for a variance regarding floodplain provisions, whether or not they are amended into the municipality's zoning code, must be acted on by the Zoning Hearing Board following MPC procedures for ZHB hearings, decisions, etc. See MPC 909.1(a)(5). If a municipality does not have a ZHB, they must establish a process by which to consider variance requests.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of Munhall may, upon request, grant relief from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Munhall in accordance with the procedures contained in § 227-3.11 and the following:
A. 
No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.
B. 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C. 
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (or prohibited activities) (Article VI) or to development which may endanger human life (§ 227-5.04).
D. 
If granted, a variance shall involve only the least modification necessary to provide relief.
E. 
In granting any variance, the Borough of Munhall 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.
F. 
Whenever a variance is granted, the Borough of Munhall shall 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.
G. 
In reviewing any request for a variance, the Borough of Munhall 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:
(a) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
(b) 
Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
H. 
A complete record of all variance requests and related actions shall be maintained by the Borough of Munhall. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
I. 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
NOTE: In granting a variance, municipalities are held to the standard provided in 44 CFR 60.6. If a variance is granted erroneously, a municipality remains liable for failing to meet the minimum standards of the National Flood Insurance Program.