If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Zoning Hearing Board may, upon request, grant relief
from the strict application of the requirements. The Zoning Hearing
Board shall have exclusive jurisdiction to hear and render final adjudication
regarding variances from the terms of this chapter in accordance with
Section 909.1(a)(5) of the Pennsylvania Municipalities Planning Code
(Act of 1968, P.L. 805, No. 247, as reenacted and amended).[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
The Zoning Hearing Board shall conduct hearings and make decisions
following the process requirements of Section 908 of the Pennsylvania
Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, as reenacted
and amended),[1] and in accordance with any additional process requirements
of the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10908.
The Zoning Hearing Board shall apply the following standards
to variance applications, and shall issue findings confirming that
the following standards are met, prior to granting any variance application:
A.
Standards applicable to all variance applications. The Zoning Hearing
Board shall apply the standards established in Section 910.2(a) of
the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805,
No. 247, as reenacted and amended)[1] and the Zoning Ordinance. These standards include the
following:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or other 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 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 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.
(5)
That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(6)
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.
[1]
Editor's Note: See 53 P.S. § 10910.2.
B.
Additional variance standards. The following standards, in addition to the standards applicable to all variance applications as established in § 95-40A, are hereby established and shall be applied to all variance applications, where applicable:
(1)
In reviewing any request for any variance, the Zoning Hearing Board shall consider, in addition to the standards listed in § 95-40A, the following:
(a)
That there is good and sufficient cause for granting the variance.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will be consistent with the
following:
[1]
Granting the variance will not result in an unacceptable or
prohibited increase in flood heights, additional threats to public
safety, or extraordinary public expense for properties surrounding
the applicant's property or for the community at large;
[2]
Granting the variance will not create nuisances, cause fraud
on or victimize the public, or conflict with any other applicable
state or local ordinance and regulation.
(2)
No variance shall be granted within any identified floodplain area that would cause any increase in base flood elevation beyond the limits identified in § 95-17.
(3)
Notwithstanding any of the above, all structures shall be designed
and constructed so as to have the capability of resisting the 1% annual
chance flood.
C.
Accessory structures exceeding 200 square feet. Any variance granted to allow accessory structures exceeding 200 square feet within an identified floodplain area shall meet the following standards in addition to the standards listed in § 95-40A or B above:
(1)
No such accessory structure shall be located within any Floodway
Area or within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(2)
Issuance of any variance allowing such structure below the base flood
elevation shall be conditioned on the applicant signing a declaration
of land restriction (nonconversion agreement), which shall be recorded
on the property deed prior to issuance of the certificate of occupancy.
(3)
No variances shall be granted for any proposed accessory structure
that exceeds 600 square feet in size.
D.
Fill. Any variance granted to allow fill as a component of any development within an identified floodplain area shall meet the following standards in addition to the standards listed in § 95-40A and B above:
(1)
Fill shall extend laterally at least 15 feet beyond the building
line from all points.
(2)
Fill shall consist of soil or small rock materials only.
(3)
Fill shall be compacted to provide the necessary permeability and
resistance to erosion, scouring, or settling.
(4)
Fill shall be no steeper than one foot vertical to two feet horizontal
unless substantiated data justifying steeper slopes are submitted
to, and approved by, the floodplain administrator.
(5)
Fill shall only be used to the extent to which it does not adversely
affect adjacent properties.
E.
Development which may endanger human life. Any variance granted to allow structures intended to be used in accordance with § 95-22A within an identified floodplain area shall meet the following standards in addition to the standards listed in § 95-40A and B above:
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in § 95-22A shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within an identified floodplain area, any new or substantially improved residential structure of the kind described in § 95-22A shall be elevated to remain completely dry up to at least 1 1/2 feet above the base flood elevation and constructed in accordance with all other applicable standards of this chapter.
(4)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 95-22A shall be constructed in accordance with all other applicable standards of this chapter, and specifically including the following:
(a)
The structure shall be elevated, or designed and constructed,
to remain completely dry up to at least 1 1/2 feet above the
base flood elevation.
(b)
The structure shall be designed to prevent pollution from the
structure or activity during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972, as amended March 1992), or with some other equivalent
watertight standard.
F.
Manufactured homes. Any variance granted to allow manufactured homes within an identified floodplain area shall meet the following standards in addition to the standards listed in § 95-40A and B above:
(1)
All manufactured homes, and any improvements thereto, shall meet
the following standards:
(a)
The manufactured home shall be placed on a permanent foundation.
(b)
The manufactured home shall be elevated so that the lowest floor
of the manufactured home is at least 1 1/2 feet above base flood
elevation.
(c)
The manufactured home shall be anchored to resist flotation,
collapse, or lateral movement.
(2)
Equipment requirements for manufactured homes:
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(c)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2015 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code Chapters 401-405 shall
apply.
The Zoning Hearing Board shall adhere to the following additional
procedural requirements:
A.
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board. In addition, a report of
all variances granted during the year shall be included in the annual
report to FEMA.
