Requests for variances shall be considered by the township in accordance with the following.
(A) No variance shall be granted for any construction development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.
(B) Except for a possible modification of the one and one-half foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§§ 151.080 through 151.083) or to development which may endanger human life (§ 151.064).
(C) If granted, a variance shall involve only the least modification necessary to provide relief.
(D) In granting any variance, the township 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.
(E) Whenever a variance is granted, the township 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 of life and property.
(F) In reviewing any request for a variance, the township 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 not result in the unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public, or conflict with any other applicable federal, state or local ordinance and regulations.
(G) 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 the Federal Insurance Administration.
(H) 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. 43C, passed 11-1-2001)