If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, the Municipal Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements of this chapter.
Requests for variances shall be considered by the Municipal Zoning Hearing Board, in accordance with the procedures contained in Article III, § 76-3.12 of this chapter, and the following:
A. 
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.
B. 
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.
C. 
No variance shall be granted for any accessory structure with a floor area that exceeds 600 square feet on size. A signed Non-Conversion Agreement is required as a condition of receiving the variance.
D. 
Except for a possible modification of the regulatory flood elevation requirement, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Article V, § 76-5.04 of this chapter.
E. 
No variance shall be granted for prohibited activities listed in Article VI of this chapter.
F. 
No variance shall be granted for any construction, development, use, or activity anywhere within the Special Flood Hazard Area that would cause said construction, development, use, or activity to be noncompliant with the design and construction standards and specifications contained in the 2018 IBC, as amended, and as adopted by the Commonwealth of Pennsylvania; the 2018 IRC, as amended, and as adopted by the Commonwealth of Pennsylvania; ASCE 24, as amended; and 34 Pa. Code (Chapters 401 through 405, as amended).
G. 
If granted, a variance shall involve only the least modification necessary to provide relief.
H. 
In granting any variance, the Municipal Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
I. 
Whenever a variance is granted, the Municipal Zoning Hearing Board 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.
J. 
In reviewing any request for a variance, the Municipal Zoning Hearing Board 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, provided that such hardship has not been created by 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.
K. 
A complete record of all variance requests and related actions shall be maintained by the Municipal Zoning Hearing Board and the Municipality. 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 1% annual chance flood.