Borough of Royersford, PA Variances

Requests for variances shall be considered by the Borough in accordance with the following:

For a use other than those permitted in § 248-27, 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.

(2)

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-percent-annual-chance flood elevation.

(3)

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.

(4)

No variance shall be granted for any of the other requirements pertaining specifically to development regulated by § 248-40 (pertaining to special technical requirements for activities requiring a special permit) or to development that may endanger human life (§ 248-34).

(5)

Except for a possible modification of the freeboard requirements of 1 1/2 foot, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Part 6) or to development that may endanger human life (§ 248-34).

(6)

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

(7)

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.

(8)

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.

(b)

Such variances may increase the risks of life and property.

(9)

In reviewing any request for a variance, the Borough shall consider, but not be limited to, the following:

(a)

That there is good and sufficient cause, including:

[1]

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 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.[1]

[1]

Editor's Note: See Ch. 475, Zoning.

[2]

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.

[3]

That such unnecessary hardship has not been created by the applicant.

[4]

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.

(b)

That failure to grant the variance would result in exceptional hardship to the applicant.

(c)

That the granting of the variance will neither: result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulations or local ordinance or regulation.

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 Federal Emergency Management Agency.

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.