If compliance with the elevation or floodproofing requirements of this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Chapter 166, Zoning, for granting variances and in accordance with the procedures contained in § 127-17 and the following procedures:
A.
No variance shall be granted for any new construction, development,
new use or activity within any Floodway Area that would cause any
increase in the one-hundred-year flood elevation. Further, no variance
shall be granted for any construction, development, use, or activity
within any FF (Flood-Fringe Area) that would, together with all other
existing and anticipated development, increase the BFE than one foot
at any point.
B.
If granted, a variance shall involve only the least modification
necessary to provide relief.
C.
In granting any variance, the Zoning Hearing Board 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.
E.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, but not be limited to 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 not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public nor conflict with any other applicable
local or state ordinances and regulations.
F.
The Zoning Hearing Board shall maintain a complete record of all
variance requests and related actions. A report of all variances granted
during the year shall be included in the annual report to the Federal
Insurance Administration.