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.
A.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 68-16 and the following:
(1)
No variance shall be granted within any identified floodplain area
that would cause any increase in the base flood elevation;
(2)
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 § 68-26;
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief;
(5)
In granting any variance, in addition to the conditions set forth
in this chapter, the Zoning Hearing Board 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;
(7)
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, 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 neither result in an
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.
B.
A complete record of all variance requests and related actions shall
be maintained by Sellersville Borough. A report of all variances granted
during the year shall be included in the annual report to the FEMA.
C.
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.