[Ord. 2012-5, 10/10/2012, § 5.14; as amended by Ord. No. 2024-01, 5/8/2024]
1. General. If compliance with any of the requirements of this chapter
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Zoning Hearing Board of Kingston Township
may, upon request, grant relief from the strict application of the
requirements.
2. Variance Procedures and Conditions. Requests for variances shall
be considered by the Zoning Hearing Board of Kingston Township in
accordance with the procedures contained in § 411 (Appeals)
of this chapter and the following:
A. No variance shall be granted for any construction, development, use,
or activity within any floodway area/district that would cause any
increase in the base flood elevation.
B. No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
C. No variance shall be granted for a proposed accessory structure that
exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
D. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by development which may endanger human life (§ 604). No variance shall be granted for prohibited activities (Part
7).
E. If granted, a variance shall involve only the least modification
necessary to provide relief.
F. In granting any variance, the Zoning Hearing Board of Kingston Township
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.
G. Whenever a variance is granted, the Zoning Hearing Board of Kingston
Township shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates
for flood insurance.
(2) Such variances may increase the risks to life and property.
H. In reviewing any request for a variance, the Zoning Hearing Board
of Kingston Township shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship
to the applicant.
(3) That the granting of the variance will:
(a)
Neither result in an unacceptable or prohibited increase in
flood heights, additional threats to public safety, or extraordinary
public expense; nor
(b)
Create nuisances, cause fraud on, or victimize the public or
conflict with any other applicable state or local ordinances and regulations.
I. A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board of Kingston Township. In
addition, a report of all variances granted during the year shall
be included in the annual report to the FEMA.
3. Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 1%-annual-chance flood.