A. 
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 Council may, upon request, grant relief from the strict application of the requirements.
B. 
Requests for variances shall be processed in the same manner as appeals pursuant to § 63-16 except that an additional thirty (30) days shall be available to the Borough Council for purposes of considering and deciding the matter during which time the Council shall provide an opportunity for the Borough Planning Commission to make an advisory review of the application. The following requirements shall also apply:
(1) 
No variance shall be granted for any of the requirements pertaining specifically to development regulated or expressly prohibited by § 63-23 or Article VIII, and no variance shall be granted for any construction, development, use or activity within any AE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one (1) foot at any point.
[Amended 1-20-1990 by Ord. No. 223]
(2) 
If granted, a variance shall involve only the least modification necessary to provide relief.
(3) 
In granting and variance, the Borough Council 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.
(4) 
Whenever a variance is granted, the Council shall notify the applicant, in writing, that:
(a) 
The granting of the variance may result in increased premium rates for flood insurance.
(b) 
Such variances may increase the risks to life and property.
(5) 
In reviewing any request for a variance, the Council 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.
(6) 
A complete record of all variance requests and related actions shall be maintained by the Council. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration or its successor agencies.
C. 
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. No variance issued pursuant to this chapter shall relieve the applicant(s) from any requirement to obtain a permit pursuant to or variance from the provisions of any other borough ordinance.