If compliance with any of the requirements of
this chapter would result in an exceptional hardship to a prospective
builder, developer or landowner, the Riverside Borough Council may,
upon request, grant relief from the strict application of the requirements.
Requests for variances shall be considered by the Borough of Riverside in accordance with the procedures contained in §
163-18 and the following:
A. No variance shall be granted for any construction,
development, use, or activity within any floodway area that would
cause any increase in the one-hundred-year-flood elevation.
B. No variance shall be granted for any construction,
development, use, or activity within any FE Area that would, together
with all other existing and anticipated development, increase the
one-hundred-year-flood elevation more than one foot at any point.
C. Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article
VI) or to §
163-27, Development which may endanger human life.
D. If granted, a variance shall involve only the least
modification necessary to provide relief.
E. In granting any variance, the Riverside Borough Council
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 chapter.
F. Whenever a variance is granted, the Riverside Borough
Council 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.
G. In reviewing any request for a variance, the Riverside
Borough Council 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 neither result
in an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense, nor create
nuisances, cause fraud on or victimize the public, or conflict with
any other applicable state or local ordinances and regulations.
H. A complete record of all variance requests and related
actions shall be maintained by the Riverside Borough Council. In addition,
a report of all variances granted during the year shall be included
in the annual report to the Federal Emergency Management Agency. Notwithstanding
any of the above, however, all structures shall be designed and constructed
so as to have the capability of resisting the one-hundred-year flood.