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 may, upon request, grant relief
from the strict application of the requirements.
A.Â
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 210-17 and the following:
(1)Â
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.
(2)Â
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 more than one foot at any point.
(4)Â
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)Â
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.
(7)Â
In reviewing any request for a variance, the Zoning Hearing shall
consider, at a minimum, the following:
(a)Â
That there is good and sufficient cause.
(b)Â
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)Â
That the granting of the variance will neither result in an
unacceptable or prohibited increase in flood heights, additional threats
to public safety, or extraordinary public expense, nor create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
(8)Â
A complete record of all variance requests and related actions shall
be maintained by the Borough. In addition, a report of all variances
granted during the year shall be included in the annual report to
the FEMA.
B.Â
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.