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 in accordance with the procedures contained in §
125-13, Appeals, and the following:
A. 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.
B. No variance shall be granted for any construction, development, use,
or activity within any FE area that would, together with all other
existing and anticipated development, increase the one-hundred-year
flood elevation more than one foot at any point.
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. No variance shall be issued for the repair or rehabilitation of historic
structures unless a determination has been made that the proposed
repair or rehabilitation will preclude the structure's continued
designation as an historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
E. In granting any variance, 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.
F. Whenever a variance is granted, the Zoning Hearing Board 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 Zoning Hearing Board
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: i) neither result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense; ii) 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. In addition, a report of all variances
granted during the year shall be included in the annual report to
the Federal Emergency Management Agency.
I. 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.