Borough of Franklin Park, PA Article VIII Variances

§ 123-33 General provisions.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Borough of Franklin Park may, upon request, grant relief from the strict application of the requirements.

§ 123-34 Variance procedures and conditions.

A. Requests for variances shall be considered by the Borough of Franklin Park in accordance with the procedures contained in § 123-17 and the following:

(1) No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In an A Area/District, BFEs are determined using the methodology in § 123-19C.

(2) No variance shall be granted for development regulated by prohibited activities (Article VI) or to development which may endanger human life (§ 123-26).

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

(4) In granting any variance, the Zoning Hearing Board 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.

(5) Whenever a variance is granted, the Zoning Hearing Board 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 to life and property.

(6) In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.

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

(c) That the granting of the variance will:

[1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

[2] Nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.

(7) A complete record of all variance requests and related actions shall be maintained by the Borough of Franklin Park. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.

B. 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.