[Ord. 16-01, 3/28/2016, § 6.01]
If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the New Hanover Township may, upon request, grant relief
from the strict application of the requirements.
[Ord. 16-01, 3/28/2016, § 6.02]
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.
A.
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
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.
[Ord. 16-01, 3/28/2016, § 6.03]
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. 16-01, 3/28/2016, § 6.04]
1.
Within the Floodplain Conservation District, manufactured homes shall
be prohibited within the area measured 50 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 manufacturers' 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
401–405.
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 manufacturers' standards for anchoring cannot
be provided or were not established for the proposed installation.
[Ord. 16-01, 3/28/2016, § 6.05]
[Ord. 16-01, 3/28/2016, § 6.06]
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 Chapter 27, Zoning, 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 Chapter 27, Zoning, 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 New Hanover Township. In addition, a report of all
variances granted during the year shall be included in the biennial
report to FEMA.
