If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township of Shirley may, upon request, grant relief
from the strict application of the requirements.
A.
Requests for variances shall be considered by the Township of Shirley in accordance with the procedures contained in § 142-17 and the following:
(1)
(Reserved)
(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 base flood elevation.
(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 base flood elevation more than one foot at any point.
(4)
No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed Nonconversion Agreement
is required as a condition of receiving the variance.
(5)
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 special permit (or prohibited activities) (Article VI) or to development that may endanger human life (§ 142-26).
(6)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(7)
In granting any variance, the Township of Shirley 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, the Township of Shirley
shall consider, at a minimum, the following:
B.
A complete record of all variance requests and related actions shall
be maintained by the Township of Shirley. In addition, a report of
all variances granted during the year shall be included in the annual
report to FEMA.
C.
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.