§ 152.111 VARIANCE PROCEDURES AND CONDITIONS.

   (A)   Requests for variances shall be considered by the borough in accordance with the procedures contained in § 152.030 and the following.

      (1)   No variance shall be granted for any construction, development, use or activity within any Floodway Area/District that would cause any increase in the BFE.

      (2)   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 BFE more than one foot at any point.

      (3)   Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§§ 152.080 through 152.083).

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

      (5)   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.

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

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

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

      (7)   In reviewing any request for a variance, the borough shall consider, at a minimum, the following:

         (a)   There is good and sufficient cause;

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

         (c)   The granting of the variance will:

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

            2.   Create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

      (8)   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 report to the FEMA.

   (B)   Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.

(Ord. 262-2014, passed 3-10-2014)