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Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
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 variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 125-13, Appeals, and the following:
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.
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.
If granted, a variance shall involve only the least modification necessary to provide relief.
No variance shall be issued for the repair or rehabilitation of historic structures unless a determination has been made that the proposed repair or rehabilitation will preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
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.
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
The granting of the variance may result in increased premium rates for flood insurance.
Such variances may increase the risks to life and property.
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
That there is good and sufficient cause.
That failure to grant the variance would result in exceptional hardship to the applicant.
That the granting of the variance will: i) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; ii) nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
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 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.