[Ord. 3702 § 1, 2012]
If compliance with any of the requirements of this title would
result in an exceptional hardship to a builder, developer or landowner,
the city may, upon request, grant relief from the strict application
of the requirements, in accordance with the following procedures and
requirements:
(A) Requests
for variances shall be considered by the city in accordance with the
procedures contained in Section 910.2 of the Planning Code and the
following:
(1) No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
(2) No variance shall be granted for any construction, development, use
or activity within any special flood hazard area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(3) Except for a possible modification of the regulatory flood elevation
requirements involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life
(MMC 1373.04).
(B) If
granted, a variance shall involve only the least modification necessary
to provide relief.
(C) In
granting any variance, the city 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
title.
(D) Whenever
a variance is granted, the city shall notify the applicant in writing
that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
(E) In
reviewing any request for a variance, the city shall consider, at
a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the variance will:
(a) Neither result in an unacceptable or prohibited increase in flood
heights, additional threats to public safety, or extraordinary public
expense;
(b) Nor create nuisances, cause fraud on, or victimize the public, or
conflict with any other applicable state or local ordinances and regulations.
(F) A
complete record of all variance requests and related actions shall
be maintained by the City of Meadville. In addition, a report of all
variances granted during the year shall be included in the annual
report to FEMA.
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the hydrostatic and hydrodynamic loads and effects of buoyancy.
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