A.
Variance, generally.
(1)
If compliance with any of the requirements of this chapter would result in an exceptional hardship, the Zoning Hearing Board of Mount Joy Township may, upon request and in conformance with § 53-27B, grant relief from the strict application of the requirements in the form of a variance of the requirement.
(2)
The granting of a variance from this chapter is for floodplain management
purposes only.
B.
Availability of relief in the form of variance.
(1)
No variance shall be granted for any construction, development, use
or activity within any floodway area that would cause any increase
in base flood elevation.
(2)
No variance shall be granted for any construction, development, use
or activity within any AE Zone without a designated floodway that
would, together with all other existing and anticipated development,
increase the base flood elevation more than one foot at any point.
(3)
Relief in the form of variance is generally limited to new construction
and substantial improvements to a lot of 1/2 acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level.
(4)
A variance may be issued for the repair or rehabilitation of an historic
structure upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an
historic structure and the variance is the minimum necessary to preserve
the historic character and design of the structure.
(5)
Except for a possible variance of the 1 1/2 foot freeboard requirement
for a special approval, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special approval or to development which may endanger human life.
(6)
An applicant seeking variance of the freeboard requirement shall
demonstrate:
(a)
That there are unique physical circumstances, including exceptional
topographical or other existing natural or man-made conditions peculiar
to the property;
(b)
Because of such physical circumstances and conditions, the proposed
substantial improvement cannot be reasonably designed and constructed
in compliance with the provision of the applicable requirements; and
that a reduction is therefore necessary;
(c)
That the requested variance is the least necessary to provide
relief;
(d)
That failure to grant such request will result in exceptional
hardship to the applicant;
(e)
That approval of the request will not result in increased flood
heights within any designated floodway;
(f)
That approval of the request will not result in any additional
threat to public health and safety or result in any extraordinary
public expense or create any nuisance; and
(g)
That approval of the request will not result in any conflict
with any other applicable laws or regulations.
C.
Procedure.
(1)
A request for variance of any requirement of this chapter shall be
made in writing. The request shall provide sufficient detail to permit
an understanding of the hardship and the relief requested. The request
shall affirmatively state, with supporting explanation, that it is
the least variance necessary to provide relief. The Floodplain Administrator
shall review the request for administrative completeness, including
the payment of the required administrative fee; the request shall
not be processed until it is determined to be administratively complete.
(2)
Upon receipt of a request for variance, the Township, under the signature
of the Floodplain Administrator, shall notify the applicant, in writing,
that:
(3)
The Zoning Hearing Board of Mount Joy Township shall consider the
request no later than 60 days from the date of submission of an administratively
complete application.
(4)
The Township shall provide written notice to the applicant of the
time and place at which the request will be considered.
(5)
In the event the request for variance is granted, the Township shall
notify the applicant in writing:
(6)
A report of all variances granted during the year shall be included
in the Township's annual report to the Federal Emergency Management
Agency.
D.
Standards for relief. The Board may grant a variance, provided that
all of the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including
irregularity, narrowness, or 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 appellant.
(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 at issue.
E.
Additional criteria. In considering the request for relief, the Zoning
Hearing Board shall also consider the following additional criteria:
(1)
That there is good and sufficient cause for the request for relief;
(2)
That the failure to grant the variance would result in exceptional
hardship to the applicant; and
(3)
That the granting of the request will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with existing local
law or ordinances.
F.
Conditions. In granting the variance, the Zoning Hearing Board shall
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.
