A. 
If compliance with the elevation or floodproofing requirements of this Part would result in an exceptional hardship for a prospective builder, developer or landowner, the Borough of Palmerton, Carbon County, Pennsylvania, may, upon request, grant relief from the strict application of the requirement.
B. 
Requests for variances shall be considered by the Borough of Palmerton, Carbon County, Pennsylvania, in accordance with the procedures contained in § 42-22A and the following procedures:
(1) 
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year-flood elevation.
(2) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(3) 
In granting any variance, the Borough of Palmerton, Carbon County, Pennsylvania, 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 Part.
(4) 
Whenever a variance is granted, the Borough of Palmerton 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 Palmerton shall consider but shall not be limited to 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 not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with any other applicable local or state ordinances and regulations.
(6) 
A complete record of all variance requests and related actions shall be maintained by the Borough of Palmerton. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance and Mitigation Administration.
C. 
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 pressures, effects of buoyancy and other forces associated with the 100-year flood.
D. 
No variance shall be granted for any of the development in § 42-10A.
[Added 2-14-1985 by Ord. No. 439[1]]
[1]
Editor's Note: This ordinance was approved 2-15-1985.
E. 
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any other requirements pertaining to development which may endanger human life (§ 42-10B).
[Added 2-14-1985 by Ord. No. 439[2]]
[2]
Editor's Note: This ordinance was approved 2-15-1985.
Structures existing in any identified flood-prone area prior to the enactment of this Part, but which are not in compliance with these provisions, may continue to remain subject to the following: Existing structures located in any designated floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.