The Township of Mullica Planning Board shall hear and decide requests for variances. The Township of Mullica Planning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in §
131-45, the conditions of issuance set forth in §
131-46, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Township of Mullica 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,
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 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 §
131-36A(1) of these regulations.