If compliance with any of the requirements of this chapter would
result in an exceptional hardship to an applicant, the Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
A.
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.
B.
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 more than one foot at any point.
C.
No variance shall be granted for any specifically prohibited uses
and structures.
D.
If granted, a variance shall involve only the least modification
necessary to provide relief.
E.
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 of the residents
of the municipality.
F.
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 and that such variances
may increase the risks to life and property.
G.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, that there is good and sufficient cause,
including:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property and that the unnecessary hardship is due to
such conditions and not the circumstances or conditions generally
created by the provisions of the Zoning Ordinance[1] in the neighborhood or district in which the property
is located.
(2)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the Zoning Ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential character
of the neighborhood or district in which the property is located,
nor substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(5)
That failure to grant the variance would result in exceptional hardship
to the applicant.
(6)
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 City of Easton. In addition, a report of all
variances granted during the year shall be included in the required
report to FEMA.
