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.
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.
J.
In reviewing any request for a variance, the Municipal Zoning Hearing Board shall consider, at a minimum, the following:
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.