If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, Downingtown Borough Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
A.
Requests for variances shall be considered by Downingtown Borough Zoning Hearing Board in accordance with the procedures contained in § 150-4.11 and the following:
(1)
No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In the A Area/District, BFEs are determined using the methodology in § 150-5.02C.
(2)
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.
(3)
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 at any point.
(4)
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 development regulated by development which may endanger human life (§ 150-6.04).
(6)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(7)
In granting any variance, Downingtown Borough 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.
(9)
In reviewing any request for a variance, Downingtown Borough
Zoning Hearing Board shall consider, at a minimum, the following:
(10)
A complete record of all variance requests and related actions
shall be maintained by Downingtown Borough Zoning Hearing Board. In
addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
B.
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.