1. General. If compliance with any of the requirements of this Part 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.
2. Variance Procedures and Conditions.
B. No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the BFE.
C. 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 than 1 foot at any point.
D. Except for a possible modification of the regulatory flood elevation involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special exception in §27-1006 of this Part.
E. Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates for flood insurance.
(2) Such variances may increase the risks to life and property.
F. In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship to the applicant.
(3) That 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.
(b) Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
G. A complete record of all variance requests and related actions shall be maintained by the Borough of Dauphin. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
H. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1 percent annual chance flood.
(Ord. 77-5, 2/28/1977; as amended by Ord. 2012-01, 7/30/2012; and as added by Ord. 2012-03, 12/4/2012)