Township of Shirley, PA Article VIII Variances

§ 142-36 Grant authorized.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, the Township of Shirley may, upon request, grant relief from the strict application of the requirements.

§ 142-37 Procedures and conditions.

A. Requests for variances shall be considered by the Township of Shirley in accordance with the procedures contained in § 142-17 and the following:

(1) (Reserved)

(2) No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the base flood elevation.

(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 and anticipated development, increase the base flood elevation more than one foot at any point.

(4) 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.

(5) 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 (or prohibited activities) (Article VI) or to development that may endanger human life (§ 142-26).

(6) If granted, a variance shall involve only the least modification necessary to provide relief.

(7) In granting any variance, the Township of Shirley 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.

(8) Whenever a variance is granted, the Township of Shirley 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.

(9) In reviewing any request for a variance, the Township of Shirley shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will neither:

[1] 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.

B. A complete record of all variance requests and related actions shall be maintained by the Township of Shirley. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

C. 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.