City of Monessen, PA Article VIII Variances

§ 230-32 General.

If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer or landowner, Council may, upon request, grant relief from the strict application of the requirements.

§ 230-33 Variance procedures and conditions.

A. Requests for variances shall be considered by Council in accordance with the procedures contained in § 230-17 and the following:

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

(2) No variance shall be granted for any construction, development, use, or activity within any special floodplain area that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

(3) Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any prohibited use (Article VI) or to development which may endanger human life (§ 230-25).

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

(5) In granting any variance, Council may impose reasonable conditions and safeguards to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.

(6) When Council grants a variance, it shall notify the applicant in writing that:

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

(b) The variance may increase the risk to life and property.

(7) In reviewing any request for a variance, Council shall consider, at a minimum, the following:

(a) That good and sufficient cause exists.

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

(c) That granting the variance will not:

[1] Result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

[2] Create nuisance;

[3] Cause fraud on, or victimize the public;

[4] 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 City Clerk. 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.