[Ord. 798, 7/7/2014]
If compliance with any of the requirements of this Ordinance
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Borough of Nazareth may, upon request,
grant relief from the strict application of the requirements.
[Ord. 798, 7/7/2014]
Requests for variances shall be considered by the Borough of
Nazareth in accordance with the procedures contained in § 8-310
and the following:
1. No variance shall be granted for development regulated by Prohibited Activities (Part
5) or to Development Which May Endanger Human Life (§
8-404).
2. If granted,
a variance shall involve only the least modification necessary to
provide relief.
3. In granting
any variance, the Borough of Nazareth 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 Ordinance.
4. Whenever
a variance is granted, the Borough of Nazareth shall notify the applicant
in writing that:
A. The granting
of the variance may result in increased premium rates for flood insurance.
B. Such variances
may increase the risks to life and property.
5. In reviewing
any request for a variance, the Borough of Nazareth shall consider,
at a minimum, the following:
A. That there
is good and sufficient cause.
B. That failure
to grant the variance would result in exceptional hardship to the
applicant.
C. That the
granting of the variance will:
(1) Neither
result in an unacceptable or prohibited increase in flood heights,
additional threats to public safety, or extraordinary public expense;
(2) Nor
create nuisances, cause fraud on, or victimize the public, or conflict
with any other applicable state or local ordinances and regulations.
6. A complete
record of all variance requests and related actions shall be maintained
by the Borough of Nazareth. In addition, a report of all variances
granted during the year shall be included in the annual report to
the FEMA.
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the 1% annual chance flood.
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