Requests for variances shall be considered by the Lamar Township Zoning Hearing Board, in accordance with the Municipalities Planning Code, and the following:
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 base flood elevation.
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 base flood elevation more than 1 foot at any point.
C. Except for a possible modification of the requirement to elevate to the regulatory flood elevation, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Part 5, § 8-504 of this Chapter.
D. No variance shall be granted for prohibited activities listed in Part 6 of this Chapter.
E. If granted, a variance shall involve only the least modification necessary to provide relief.
F. In granting any variance, the Lamar Township 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.
G. Whenever a variance is granted, the Lamar Township 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.
H. In reviewing any request for a variance, the Lamar Township 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 not:
(a) Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; and
(b) Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
I. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
(Ord. 6-6-2016, 6/6/2016, § 8-802)