If compliance with any of the requirements of this chapter would
result in an exceptional hardship for a prospective builder, developer,
or landowner, the Borough may, upon request, grant relief from the
strict application of the requirements.
Such other information or materials pertinent to the issue of a variance
which the applicant may feel the Board would wish to consider in relation
to the request for variance.
Upon receipt of the application for variance, the Council shall initially
determine if the information contained in the application is sufficient
for the consideration of the variance and if so, shall either grant
or deny the variance. In the event that the Council determines that
the information contained in the application is insufficient for the
Council to make a proper determination or in the event the Council
wishes additional information, it should either:
Schedule a hearing at which time the applicant shall be entitled
to present such additional information, including direct testimony
which is pertinent and germane to the issue of the variance.
The Council shall notify the applicant, in writing, of the determination
which it has made in regard to the request for a variance whether
the variance has been granted or denied.
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.
No variance shall be granted for any construction, development, use,
or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE than one foot at any point.
Except for possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article VI) or to development which may endanger human life, § 60-27.
In granting any variance, the Council 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.
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense; not create nuisances, cause
fraud on, or victimize the public, or conflict with any other applicable
state statute or regulation, or local ordinance or regulation.
A complete record of all variance requests and related actions shall
be maintained by the Council. In addition, a report of all variances
granted during the year shall be included in the annual report to
FEMA and DCED.
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.
Notwithstanding any of the above, however, any variance from the
terms of this chapter relating to the land uses permitted in the area
subject to regulation by this chapter shall be additionally submitted
to the Borough of Steelton Zoning Hearing Board, as zoning variances
to be considered and granted by said Board under the procedural and
substantive regulations governing zoning appeals.