[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]
[Ord. 1998-11, 12/17/1998, § I; as amended by Ord.
2002-2, 1/3/2002]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[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]
[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.
