[Ord. #2526, 7-11-2023, adopted]
The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in §
25-7.5, the conditions of issuance set forth in §
25-7.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
[Ord. #2526, 7-11-2023, adopted]
A variance to the substantial improvement
requirements of this chapter is authorized, provided that the repair
or rehabilitation of an 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 an 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.
[Ord. #2526, 7-11-2023, adopted]
A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use, provided that 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.
[Ord. #2526, 7-11-2023, adopted]
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 §
25-5.3a of these regulations.
[Ord. #2526, 7-11-2023, adopted]
In reviewing requests for variances,
all technical evaluations, all relevant factors, all other portions
of these regulations, and the following shall be considered:
a. The danger that materials and debris may
be swept onto other lands resulting in further injury or damage.
b. The danger to life and property due to
flooding or erosion damage.
c. The susceptibility of the proposed development,
including contents, to flood damage and the effect of such damage
on current and future owners.
d. The importance of the services provided
by the proposed development to the community.
e. 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.
f. The compatibility of the proposed development
with existing and anticipated development.
g. The relationship of the proposed development
to the Comprehensive Plan and floodplain management program for that
area.
h. The safety of access to the property in
times of flood for ordinary and emergency vehicles.
i. 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.
j. 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.
[Ord. #2526, 7-11-2023, adopted]
Variances shall only be issued upon:
a. 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.
b. 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.
c. 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.
d. A determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
e. 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.