Borough of Honey Brook, PA Part 7 VARIANCES

§ 8-701 General.

[Ord. 240, 8/7/2017]

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 Honey Brook Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.

§ 8-702 Variance Procedures and Conditions.

[Ord. 240, 8/7/2017]

1. Requests for variances shall be considered by the Borough of Honey Brook Zoning Hearing Board in accordance with the procedures contained in Borough Zoning Ordinance[1] and the following:

A. 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 this chapter.

B. If a variance is granted to permit the erection of a structure with an identified floodplain area, a declaration of land restriction, subject to approval by the Borough Solicitor, shall be filed with the Recorder of Deeds against the subject property so as to advise future purchasers of the variance granted and the property's location within an identified floodplain area.

C. No variance shall be granted for fill, development which may endanger human life, manufactured homes, or prohibited activities due to the inherent danger to the public health, welfare and safety.

D. 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.

E. If granted, a variance shall involve only the least modification necessary.

F. In granting any variance, the Borough of Honey Brook 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.

G. Whenever a variance is granted, the Borough of Honey Brook 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 Borough of Honey Brook 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 neither:

(a) Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor

(b) 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 Borough of Honey Brook Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

[1] Editor's Note: See Ch. 27, Zoning.

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.