[Amended 1-25-2023 by Ord. No. 2022-08]
The Land Use Board shall hear and decide requests for variances. The Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section
12-47, the conditions of issuance set forth in Section
12-48, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Amended 1-25-2023 by Ord. No. 2022-08]
A variance to the substantial improvement section of this ordinance
is authorized provided that the repair or rehabilitation of a historic
structure is completed according to N.J.A.C. 5:23-6.33, Section 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 ordinance,
and the variance is the minimum necessary to preserve the historic
character and design of the structure.
[Amended 1-25-2023 by Ord. No. 2022-08]
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.
[Amended 1-25-2023 by Ord. No. 2022-08]
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 Section
12-37a1 of these regulations.
[Amended 1-25-2023 by Ord. No. 2022-08]
a. In reviewing requests for variances, all technical evaluations, all
relevant factors, all other portions of these regulations, and the
following shall be considered:
1. The danger that materials and debris may be swept onto other lands
resulting in further injury or damage.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
4. The importance of the services provided by the proposed development
to the community.
5. The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
6. The compatibility of the proposed development with existing and anticipated
development.
7. The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
8. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
9. The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
10. The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water systems, streets,
and bridges.
[Amended 1-25-2023 by Ord. No. 2022-08]
a. Variances shall only be issued upon:
1. Submission by the applicant of a showing of good and sufficient cause
that the unique characteristics of the size, configuration or topography
of the site limit compliance with any provision of these regulations
or renders the elevation standards of the building code inappropriate.
2. A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the land
that render the lot undevelopable.
3. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
4. A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
5. Notification to the applicant in writing over the signature of the
Floodplain Administrator that the issuance of a variance to construct
a structure below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and that such construction below the base flood
level increases risks to life and property.