[Ord. 2146, 2/8/2016]
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 Pottstown may, upon request, grant relief
from the strict application of the requirements.
[Ord. 2146, 2/8/2016]
1.
For a use other than those permitted in Part 5, an application seeking
approval by variance shall be forwarded to the Zoning Hearing Board
along with required studies or information and the findings of the
Zoning Officer.
2.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
3.
No variance shall be granted for any construction, development, use,
or activity within any AE Area/District floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
[Ord. 2146, 2/8/2016]
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in flood hazard areas where base flood elevation data are not available
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information. The
analyses shall be prepared by a licensed professional engineer in
a format required by FEMA for a conditional letter of map revision
or letter of map revision.
[Ord. 2146, 2/8/2016]
1.
Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured 100 feet landward from the
top-of-bank of any watercourse.
2.
Where permitted by variance within the Floodplain Conservation District,
all manufactured homes, and any improvements thereto, shall be:
3.
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2006 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, shall apply, and 34 Pa. Code Chapters
401 through 405.
4.
Consideration shall be given to the installation requirements of
the 2006 IBC and the 2006 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot
be provided or were not established for the proposed installation.
[Ord. 2146, 2/8/2016]
Recreational vehicles in AE Zones must either:
[Ord. 2146, 2/8/2016]
1.
If granted, a variance shall involve only the least modification
necessary to provide relief.
2.
In granting any variance, the Zoning Hearing Board shall attach the
reasonable conditions and safeguards outlined herein. These conditions
and safeguards are necessary in order to protect the public health,
safety, and welfare of the residents of the municipality.
4.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, at a minimum, the following:
A.
That there is good and sufficient cause, including:
(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 the Zoning Ordinance in the neighborhood
or district 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 the Zoning Ordinance 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 or district 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.
B.
That failure to grant the variance would result in exceptional hardship
to the applicant.
C.
That the granting of the variance will:
5.
A complete record of all variance requests and related actions shall
be maintained by the Borough of Pottstown. In addition, a report of
all variances granted during the year shall be included in the biennial
report to FEMA.