A. Application. Application for a variance or for any use listed in this article as requiring a special exception may be allowed only upon application to the Zoning Officer, on forms furnished by him, and issuance of a special exception by the Zoning Hearing Board. Upon receipt of the application, the Zoning Officer shall forthwith submit it to the Board. The provisions of Article XXVII: Administration and Enforcement shall govern, except as otherwise provided in this article.

B. Procedure to be followed by Zoning Hearing Board in passing upon application for special exception or variance.

(1) Upon receiving an application for a variance or by special permit involving a use, activity or development in the floodplain districts, the Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following information as is deemed necessary by the Board for determining the suitability of the particular site for the proposed use, activity or development:

(a) Plans in triplicate, drawn to scale, showing the nature, location, dimensions and elevation of the lot, existing floodproofing measures and the relationship of the above to the location of the floodway and one-hundred-year flood.
(b) A typical valley cross-section showing the channel of the stream or watercourse, dimensions and elevation of floodway and one-hundred-year flood areas and adjoining each side of the channel and cross-sectional areas to be occupied by the proposed use, activity or development.
(c) A plan (surface view) showing elevations or contours of the ground: pertinent structural, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of all proposed and existing structures on the site; location and elevation of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information.
(d) A profile showing the slope of the bottom of the channel or flow line of the stream or watercourse.
(e) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities.
 

(2) The Board may, on its own initiative, retain the services of a registered professional engineer for evaluation purposes, and, if necessary, the Board shall transmit to such engineer one copy of the information described herein for the purpose of obtaining his evaluation of the proposed project with regard to potential flood damage to the use, the magnitude of related floodplain encroachment and other relevant matters.

(3) Based upon the technical evaluation by the designated engineer, the Board shall determine the specific flood hazard at the site of the proposed use or development for which a variance or special exception is being applied and shall evaluate the suitability of the proposed use in relation to the flood hazard.

C. Factors to be considered.

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept on to other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(10) The safety of access to the property in times of flood of ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at this site.
(12) Such other factors which are relevant to the purposes of this article.

D. Variances can be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places where appropriate.

E. Variances shall not be given in the floodway that result in any increase in flood levels during the one-hundred-year flood.

F. Variances may be given for new construction and substantial improvements on lots 1/2 acre or less in size, surrounded by lots with existing structures constructed below the one-hundred-year flood level.

G. Where variances are given for an activity described in § 220-280F herein, written notification signed by the Zoning Officer shall be given to the applicant, indicating that:

(1) Increased insurance premiums will result.
(2) Construction occurring below the one-hundred-year-flood level will increase risks to life and property.

H. Conditions attached to special exceptions or variances. Upon consideration of the factors listed above and the purpose of this article, the Board may attach such conditions to the granting of special exceptions or variances as it deems necessary to further the purposes of this article. Among such conditions, without limitation because of specific enumeration, may be included:

(1) Modifications of waste disposal and water supply facilities.
(2) Limitations on periods of use and operation.
(3) Imposition of operational controls, sureties and deed restrictions.
(4) Requirements for construction of channel modifications, dikes, levees and other protective measures.

I. No variance shall be granted for any construction, development, use or activity within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.