Notice of hearing. In any case where the Board shall hold a
public hearing, the Board shall, at a minimum, give notice of such
hearing as follows, which notice shall state the time and the place
of the hearing and the particular nature of the matter to be considered
at the hearing:
A. By publishing a notice thereof once each week for two successive
weeks in a newspaper of general circulation in the Township, provided
that the first publication shall be not more than 30 or less than
seven days from the date of the hearing.
C. By mailing or delivering notice thereof to Township Commissioners,
the Municipal Secretary, and the Zoning Officer.
D. By conspicuously posting notice of said hearing on the affected tract
of land at least one week prior to the hearing.
[Added 9-13-2018 by Ord.
No. 726]
The applicant shall, by certified mail return receipt requested
or hand delivery, provide written notice of the date, time, and place
of the hearing, including the nature of the matter to be considered,
to those persons whose properties adjoin the property in question,
and to any other person or party who has made a timely request for
the same, and to those persons whose properties are otherwise within
a five-hundred-foot radius of the property in question.
In any instance where the Zoning Hearing Board is required to
consider a variance or special exception, the Board shall, among other
things, consider the following standards:
A. Planning Code criteria for variances.
(1)
The Board shall hear requests for variances where it is alleged
that the provisions of the ordinance inflict unnecessary hardship
on the applicant.
(2)
A variance from the terms of this chapter shall not be granted
by the Board unless and until a written application for a variance
is submitted by the applicant who shall have the burden of establishing:
(a)
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 this chapter in the neighborhood or district
in which the property is located.
(b)
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 this chapter and that the authorization of
the variance is therefore necessary to enable the reasonable use of
the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
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.
(e)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
(3)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the Planning Code and this chapter.
B. Standards for review of special exceptions. In any instance where
the Board is required to consider a request for a special exception,
the Board shall consider the factors listed below:
(1)
That the proposed use is consistent with the statement of community development objectives of §
600-3 and the statement of purpose for the district in which the use is proposed.
(2)
That the proposed use is appropriate for the site in question
in terms of size, topography, natural features, drainage, sewage and
solid waste disposal, water supply, stormwater management, accessibility
and availability of public services, and that adequate provisions
will be made to protect sensitive environmental features such as streams,
lakes, wetlands, slopes and mature trees.
(3)
That the proposed use is compatible with the character of the
surrounding neighborhood, will not interfere with or detract from
legitimate uses and adjacent properties, and that adequate measures
will be provided through building design, site layout, landscaping,
planting and operational controls to minimize any adverse impacts
caused by noise, lights, glare, odors, smoke, fumes, traffic, parking,
loading and signage.
(4)
That the proposed use will serve the best interest of the Township,
convenience of the community and the public health, safety and welfare.
(5)
That the proposed use is consistent with the most recent adopted
Township Comprehensive Plan.
(6)
That the proposed use promotes orderly development, proper population
density and the provision of adequate community facilities and services,
including police and fire protection.
(7)
That the proposed use will provide for adequate off-street parking, as required in Article
XVIII.
(8)
That the proposed use will reflect effective site planning and
design in terms of energy efficiency, environmental protection and
aesthetic composition.
(9)
Financial hardship shall not be construed as a basis for granting
a special exception.
(10)
In granting any special exception, the Board may attach reasonable
conditions and safeguards in addition to those expressed in this chapter
as it may deem necessary to implement the purposes of the Planning
Code and this chapter, which conditions and safeguards may relate
to, but not be limited to, screening, lighting, noise, safety, aesthetics
and the minimization of noxious, offensive or hazardous elements.
Such special exception shall be clearly authorized by a provision
in this chapter and shall comply with the more specific standards
relating to such special exception contained in sections of this chapter
relating to uses by special exception.