If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Lansdowne may, upon request, grant relief
from the strict application of the requirements.
A.
Requests for variances shall be considered by the Borough of Lansdowne in accordance with the procedures contained in § 187-16 and the following:
(1)
No variance shall be granted within any identified floodplain area that would cause any increase in base flood elevation. In an A Area/District, base flood elevations are determined using the methodology in § 187-18D.
(2)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for prohibited activities (Article VI), to development which may endanger human life (§ 187-25), manufactured homes (§ 187-27) or recreational vehicles (§ 187-28).
[Amended 8-19-2015 by Ord. No. 1297]
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Borough of Lansdowne 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.
(6)
In reviewing any request for a variance, the Borough of Lansdowne
shall consider, at a minimum, 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 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.
(7)
A complete record of all variance requests and related actions shall
be maintained by the Borough of Lansdowne. In addition, a report of
all variances granted during the year shall be included in the annual
report to the FEMA.
B.
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.