If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Municipality of Kingston may, upon request, grant
relief from the strict application of the requirements.
A.Â
Requests for variances shall be considered by the Municipality of Kingston in accordance with the procedures contained in § 97-17 and the following:
(1)Â
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
(2)Â
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 BFE than one foot at any point.
(3)Â
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by prohibited activities (Article VI) or to development which may endanger human life (§ 97-26).
(4)Â
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)Â
In granting any variance, the Municipality of Kingston 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.
(7)Â
In reviewing any request for a variance, the Municipality of Kingston
shall consider, at a minimum, the following:
B.Â
A complete record of all variance requests and related actions shall
be maintained by the Municipality of Kingston. In addition, a report
of all variances granted during the year shall be included in the
annual report to FEMA.
C.Â
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.