[Ord. 795-12, 4/23/2012]
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 of Hamburg may, upon request, grant special relief in the form of a variance from the strict application of the requirements of this Chapter through the issuance of a special relief in accordance with this Part and pursuant to the jurisdiction granted to it in Section 909.1(a)(4) of the Pennsylvania Municipalities Planning Code.
[Ord. 795-12, 4/23/2012]
1. 
Requests for variance shall be considered by the Zoning Hearing Board of Hamburg in accordance with the procedures contained in § 8-304 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 base flood elevation.
B. 
No variance shall be granted for any construction, development, use, or activity within any AE or A Area/District that would result in a new base flood elevation more than one foot greater than the base flood elevation existing at the effective date of this Chapter.
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 prohibited activities (Part VI) or to development which may endanger human life (§ 8-504).
D. 
If granted, a variance shall involve only the least modification necessary to provide relief.
E. 
In granting any variance, the Zoning Hearing Board of Hamburg 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 variance is granted, the Zoning Hearing Board of Hamburg shall notify the applicant in writing that the granting of the variance may result in increased premium rates for flood insurance.
G. 
In reviewing any request for variance, the Zoning Hearing Board of Hamburg 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 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.
H. 
A complete record of all variance requests and related actions shall be maintained by the Borough of Hamburg. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
2. 
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.