[Ord. 2146, 2/8/2016]
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 Pottstown may, upon request, grant relief from the strict application of the requirements.
[Ord. 2146, 2/8/2016]
1. 
For a use other than those permitted in Part 5, 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 BFE.
3. 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District 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 § 804 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§ 703, Subsection 1).
[Ord. 2146, 2/8/2016]
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision.
[Ord. 2146, 2/8/2016]
1. 
Within the Floodplain Conservation District, manufactured homes shall be prohibited within the area measured 100 feet landward from the top-of-bank of any watercourse.
2. 
Where permitted by variance within the Floodplain Conservation District, all manufactured homes, and any improvements thereto, shall be:
A. 
Placed on a permanent foundation.
B. 
Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation.
C. 
Anchored to resist flotation, collapse, or lateral movement.
3. 
Installation of manufactured homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2006 International Residential Building Code or the U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply, and 34 Pa. Code Chapters 401 through 405.
4. 
Consideration shall be given to the installation requirements of the 2006 IBC and the 2006 IRC, or the most recent revisions thereto, and 34 Pa. Code, as amended, where appropriate and/or applicable to units where the manufacturer's standards for anchoring cannot be provided or were not established for the proposed installation.
[Ord. 2146, 2/8/2016]
1. 
If granted, a variance shall involve only the least modification necessary to provide relief.
2. 
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.
3. 
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.
4. 
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, 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 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.
(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 appellant.
(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:
(1) 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
(2) 
Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
5. 
A complete record of all variance requests and related actions shall be maintained by the Borough of Pottstown. In addition, a report of all variances granted during the year shall be included in the biennial report to FEMA.