Montgomery City Zoning Code
§ 16-15.7
Variances.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
General. The Zoning Board of Adjustment or Planning Board (collectively referred to as "Board"), as the case may be under N.J.S.A. 40:55D and Section 16-7, shall hear and decide requests for variances. The Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in subsection 16-15.7e, the conditions of issuance set forth in subsection 16-15.7f and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
b.
Historic structures. A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as defined in this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.
c.
Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
d.
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in subsection 16-15.5c1 of these regulations.
e.
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
1.
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
4.
The importance of the services provided by the proposed development to the community.
5.
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
6.
The compatibility of the proposed development with existing and anticipated development.
7.
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
8.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
9.
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
10.
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
f.
Conditions for issuance. Variances shall only be issued upon:
1.
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
2.
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
4.
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5.
Demonstration by the applicant in writing to the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood or design flood level, plus freeboard, whichever is higher, will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property. The Floodplain Administrator can require the applicant to provide insurance quotes for the structure for each scenario (both below and above the design flood elevation) from three or more insurance companies. The Floodplain Administrator may also require that quotes be provided from NFIP backed insurance companies.
6.
The Board may impose reasonable conditions to granting of variances as deemed necessary to further the purposes of this section. The Zoning Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.