[Ord. 2015-O-7, 9/24/2015]
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Zoning Hearing Board may grant a variance from the provisions of this chapter provided that all of the findings set forth in § 8-802, Subsection 1E, are made where relevant in a given case.
[Ord. 2015-O-7, 9/24/2015]
1.
The Zoning Hearing Board shall consider requests for variances from
the provisions of this chapter in accordance with the requirements
contained in the National Flood Insurance Program Requirements for
Flood Plain Management Regulations, 44 CFR 60.6, the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10910.2, and the
express requirements set forth below:
A.
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area that would cause any increase
in the BFE.
B.
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.
D.
In granting any variance, the Zoning Hearing Board may 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.
F.
The Zoning Hearing Board may grant a variance from the provisions
of this chapter upon a showing of unnecessary hardship by the applicant
and provided that all of the following findings are made where relevant
in a given case:
(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 this chapter 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 this chapter 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 and permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare;
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
of the regulation in issue;
(6)
That the variance, if authorized, will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense; and
(7)
That the variance, if authorized, will not create nuisances,
cause fraud on or victimize the public, or conflict with any other
applicable state or local ordinances and regulations.
G.
A complete record of all variance requests and related actions shall
be maintained by Newtown Township. In addition, a report of all variances
granted during the year shall be included in the annual report to
FEMA.
2.
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.
