The Planning Board shall hear and decide requests for variances. The Planning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in §
166-46, the conditions of issuance set forth in §
166-47, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
A variance to the substantial improvement requirements of this
chapter is authorized provided that the repair or rehabilitation of
a historic structure is completed according to N.J.A.C. 5:23-6.33,
§ 1612 of the International Building Code and R322 of the
International Residential Code, the repair or rehabilitation will
not preclude the structure's continued designation as a historic
structure, the structure meets the definition of the historic structure
as described by this chapter, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally
dependent use provided the variance is the minimum necessary to allow
the construction or substantial improvement, and that all due consideration
has been given to use of methods and materials that minimize flood
damage during the base flood and create no additional threats to public
safety.
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in §
166-35A(1) of these regulations.