Borough of Chester Heights, PA Article VIII Variances

§ 99-31 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 Borough of Chester Heights may, upon request, grant relief from the strict application of the requirements.

§ 99-32 Variance procedures and conditions.

A. Requests for variances shall be considered by the Chester Heights Zoning Hearing Board on behalf of the Chester Heights Borough Council in accordance with the procedures contained in § 99-15 and the following:

(1) No variance shall be granted for any construction, development, use, or activity within any Floodway Area/District that would cause any increase in the BFE.

(2) 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.

(3) No variance shall be granted for prohibited activities (Article VI), recreational vehicles (§ 99-27), manufactured homes (§ 99-26), or development which may endanger human life (§ 99-24).

(4) If granted, a variance shall involve only the least modification necessary to provide relief.

(5) In granting any variance, the Borough of Chester Heights 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.

(6) Whenever a variance is granted, the Borough of Chester Heights shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.

(b) Such variances may increase the risks to life and property.

(7) In reviewing any request for a variance, the Borough of Chester Heights shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will neither:

[1] Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor

[2] Create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

(8) A complete record of all variance requests and related actions shall be maintained by the Borough of Chester Heights. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

B. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.