If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements.
Requests for variance shall be considered by the Zoning Hearing Board in accordance with the procedures contained in §
110-16 and the following:
A. 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
V) or to development which may endanger human life (§
110-23).
B. No variance shall be granted for any construction, development, use
or activity within any floodplain area that would cause any increase
in the one-hundred-year flood elevation.
C. If granted, a variance shall involve only the least modification
necessary to provide relief.
D. In granting any variance, the 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. Whenever a variance is granted, the Board 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.
F. In reviewing any request for a variance, the Board 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 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.
G. A complete record of all variance requests and related actions shall
be maintained by the Borough. 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 restricting
the one-hundred-year flood.