[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
1. 
If compliance with the elevation or floodproofing requirements of this chapter would result in an exceptional hardship for a prospective building, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement.
2. 
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Part 26 and by applying the following requirements.
3. 
Except for a possible modification of the 1 1/2 foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit or to development which may endanger human life.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
No variance shall be granted for any construction, development, use or activity within any floodplain area which would cause any increase in the five-hundred-year flood elevation more than two inches.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the health, safety, and welfare and to achieve the objectives of this chapter.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
1. 
Whenever a variance is granted, the Zoning Hearing Board shall notify the appellant in writing that:
A. 
The granting of the variance may result in increased premium rates for flood insurance.
B. 
Such variance may increase the risks to life and property.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
1. 
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:
A. 
That there is good and sufficient cause.
B. 
That failure to grant the variance could result in exceptional hardship to the applicant.
C. 
That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable local or state ordinances and regulations.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord. 2002-2, 1/3/2002]
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, effects of buoyancy, and other forces associated with the five-hundred-year flood.