If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Township Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
A.Â
For a use other than those permitted in Article V, an application seeking approval by variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.Â
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
C.Â
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 at any point.
A.Â
If granted, a variance shall involve only the least modification
necessary to provide relief.
B.Â
In granting any variance, the Zoning Hearing Board shall attach the
reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
D.Â
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
(1)Â
That there is good and sufficient cause, including:
(a)Â
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the Zoning Ordinance in the neighborhood
or district in which the property is located.
(b)Â
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the Zoning Ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)Â
That such unnecessary hardship has not been created by the appellant.
(d)Â
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located, nor substantially or permanently impair the appropriate use
or development of adjacent property, nor be detrimental to the public
welfare.
(2)Â
That failure to grant the variance would result in exceptional hardship
to the applicant.
(3)Â
That the granting of the variance will:
E.Â
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 biennial report to
FEMA.