[Added by Ord. 214, 6/12/2017]
If compliance with any of the requirements of this Part 21 would
result in an exceptional hardship to a prospective builder, developer
or landowner, the East Coventry Township Zoning Hearing Board may,
upon request, grant relief from the strict application of the requirements.
[Added by Ord. 214, 6/12/2017]
1. Requests for variances shall be considered by the East Coventry Township Zoning Hearing Board in accordance with the procedures contained in §
27-2130 and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District 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 more than one foot at any point.
C. No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
D. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Subpart F) or to development which may endanger human life (§
27-2144).
E. If granted, a variance shall involve only the least modification
necessary to provide relief.
F. In granting any variance, the East Coventry Township 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 Part 21.
G. Whenever a variance is granted, the East Coventry Township Zoning
Hearing Board shall notify the applicant, in writing, that:
(1)
The granting of the variance may result in increased premium
rates for flood insurance.
(2)
Such variances may increase the risks to life and property.
H. In reviewing any request for a variance, the East Coventry Township
Zoning Hearing Board shall consider, at a minimum, the following:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(3)
That the granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense;
(b)
Nor create nuisances, cause fraud on, or victimize the public,
or conflict with any other applicable state or local ordinances and
regulations.
I. A complete record of all variance requests and related actions shall
be maintained by the Township of East Coventry. In addition, a report
of all variances granted during the year shall be included in the
annual report submitted to FEMA by the floodplain administrator.
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.