[Ord. 2016-01, 2/17/2016]
If compliance with any of the requirements of this Part would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Conshohocken may, upon request, grant
relief from the strict application of the requirements.
[Ord. 2016-01, 2/17/2016]
1. For a use other than those permitted in Subpart 17E, 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 without floodway that would,
together with all other existing or 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 §
27-1730 (pertaining to special technical requirements for activities requiring a special permit) or to development which may endanger human life (§
27-1725, Subsection
1).
[Ord. 2016-01, 2/17/2016]
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 determined 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. 2016-01, 2/17/2016]
1. Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured 50 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:
A. Be placed on a permanent foundation.
B. Be elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above the base flood elevation.
C. Be anchored to resist flotation, collapse or lateral movement.
D. Have all ductwork and utilities, including HVAC/heat pump, elevated
to the regulatory flood elevation.
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 2009 International Residential Building Code
or the U.S. Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, or latest revision
thereto, and 34 Pa. Code Chapters 401 through 405 shall apply.
4. Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereof,
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. 2016-01, 2/17/2016]
1. Recreational vehicles in Zones A1-30, AH and AE must either:
A. Be on the site for fewer than 180 consecutive days and be fully licensed
and ready for highway use; or
B. Meet the permit requirements for manufactured homes in §
27-1720.
[Ord. 2016-01, 2/17/2016]
1. If granted, a variance shall involve only the least modification
necessary to provide relief.
2. In granting a 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 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 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 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 Conshohocken. In addition, a report
of all variances granted during the year shall be included in the
biennial report to FEMA.