A property owner of a lot of record, as of the date of the enactment of this article, who is able to prove that the strict enforcement of this article would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Conservation District, may seek relief by applying for a variance from the Zoning Hearing Board.
A. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district as specified in §
300-101 herein.
B. In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in §
300-115 herein.
C. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(1) Affirmative decisions shall only be issued by the Zoning Hearing Board upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
(c) A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(2) Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to provide relief.
D. Should any variances be issued to permit fully or partially enclosed spaces below the lowest floor (including basement) for a structure in the floodplain, the design requirements of Section 60.3(d) of the National Flood Insurance Program shall be enforced.
