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 Middletown may, upon request, grant relief
from the strict application of the requirements.
A.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 158-17 and the following:
(1)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
(2)
No variance shall be granted for any construction, development, use,
or activity within any special floodplain area that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
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.
(7)
(8)
A complete record of all variance requests and related actions shall
be maintained by the Zoning Officer. In addition, a report of all
variances granted during the year shall be included in the annual
report to 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-hundred-year flood.