§ 152.111 VARIANCE PROCEDURES AND REQUIREMENTS.

   Requests for variances shall be considered by the borough in accordance with the following.

   (A)   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 100-year flood elevation more than one foot at any point.

   (B)   If granted, a variance shall involve only the least modification necessary to provide relief.

   (C)   In granting any variance, the borough 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.

   (D)   Whenever a variance is granted, the borough shall notify the applicant in writing that:

      (1)   The granting of the variance may result in increased premium rates for flood insurance; and

      (2)   Such variances may increase the risks to life and property.

   (E)   In reviewing any request for a variance, the borough shall consider, but not be limited to, the following:

      (1)   There is good and sufficient cause;

      (2)   Failure to grant the variance would result in exceptional hardship to the applicant; and

      (3)   The granting of the variance will:

         (a)   Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor

         (b)   Create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state statute or regulations, or local ordinance or regulation.

   (F)   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 or biennial report to FEMA.

   (G)   No variance will be granted for the development to locate within the floodplain: hospitals; nursing homes; or jails or prisons as listed in § 152.080.

   (H)   No variance will be granted for the production, storage, or maintenance of §§ 152.063(F) and 152.064.

   (I)   Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.

(Ord. 2012-02, passed 4-2-2012)