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 the Borough of Ephrata 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 and conditions contained in the Pennsylvania Municipalities Planning Code, 53 P.S. § 910.2; the Code of Ordinances of the Borough of Ephrata, Chapter
319, Zoning; §
183-15 of this chapter, Appeals; and the following:
A. No variance shall be granted within any identified floodplain area that would cause any increase in the BFE. In A Area/District, BFEs are determined using the methodology in §
183-17C of this chapter.
B. Unless a modification of the regulatory flood elevation requirement is being considered, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by §
183-24, Development which may endanger human life.
C. No variance shall be granted for prohibited activities (Article
VI of this chapter).
D. No variance shall be granted unless it is the least modification
necessary to provide relief.
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 Floodplain Administrator 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 at a minimum consider, in addition to the provisions of the Pennsylvania Municipalities Planning Code, (53 P.S. § 910.2) and the Code of Ordinances of the Borough of Ephrata, Chapter
319 (Zoning), the following:
(1) That there is good and sufficient cause to grant the requested relief.
(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;
(b)
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 Floodplain Administrator. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
I. 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.