Borough of Boyertown, PA Article VII Variances

§ 104-32 General.

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

§ 104-33 Variance procedures and conditions.

A. Requests for variances shall be considered by the Boyertown Borough Zoning Hearing Board in accordance with the procedures contained in § 104-16 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) 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 prohibited activities (Article V) or to development which may endanger human life (§ 104-25).

(3) If granted, a variance shall involve only the least modification necessary to provide relief. If it should become necessary to grant any variance, the applicant shall be required to comply with all applicable requirements of the National Flood Insurance Program Regulations [40 CFR § 60.3(a) and (b)], including the requirements for elevation, floodproofing and anchoring. The applicant must also comply with any other requirements considered necessary by the Boyertown Borough Zoning Hearing Board.

(4) In granting any variance, the Boyertown Borough 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.

(5) Whenever a variance is granted, the Boyertown Borough Zoning Hearing Board shall notify the applicant, in writing, that:

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

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

(6) In reviewing any request for a variance, the Boyertown Borough Zoning Hearing Board 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; and

(c) That the granting of the variance will:

[1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

[2] Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

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