Requests for variances shall be considered by the Sayre Borough in accordance with the procedures contained in §
89-17 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 §
89-26, Development which may endanger human life.
D. No variance shall be granted for development pertaining to manufactured homes. (See §
89-28.) or Article
VI, Prohibited Activities.
E. If granted, a variance shall involve only the least modification
necessary to provide relief.
F. In granting any variance, Sayre Borough 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.
G. Whenever a variance is granted, Sayre Borough 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.
H. In reviewing any request for a variance, Sayre Borough 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; nor
(b)
Create nuisances, cause fraud on, or victimize the public, or
conflict with any other applicable state or local ordinances and regulations.
I. A complete record of all variance requests and related actions shall
be maintained by Sayre Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the FEMA.
J. 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.