[Amended 5-8-1984 by Ord. No. 618; 10-13-1992 by Ord. No. 698; 2-11-2003 by Ord. No. 774; 7-8-2025 by Ord. No. 864]
A. Powers relative to error. The Zoning Hearing Board shall hear and decide appeals where it is alleged that there is an error in any order, requirements, decision or determination made by the Zoning Officer in the enforcement of this chapter, including any order requiring an alleged violator to stop, cease and desist.
B. Powers relative to variations.
(1) When it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant, the Board may grant a variance if the following conditions are found relevant in a given case:
(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 a 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.
(2) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary.
C. Powers relative to special exceptions. Upon appeal, the Board shall be empowered to permit the following special exceptions, in addition to those otherwise specifically set forth in other parts of this chapter.
(1) To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership.
(2) To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than 75% of its fair market sales value when the Board finds some compelling public necessity requiring a continuance of the nonconforming use.
(3) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this chapter.
(4) To vary parking regulations of this chapter whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(5) To permit a public and/or charitable group, including but not limited to churches, schools, and/or governmental units, to make temporary periodic use of the property owned by it in a manner not directly related to its principal permitted use, provided that such use is demonstrated to be in the best interests of the community, is not detrimental to the neighborhood in which it is situate and the applicant includes in its use application a plan showing that adequate safeguards are included to ensure sufficient parking, access, traffic control, lighting, litter control and cleanup provisions, and provided further that such use may not occur in excess of one time per week nor more than five times in any one month, and further provided that a special exception use permit is obtained.
(6) (a) The size, scope, extent and character of the special exception, variance or use requested is consistent with the Comprehensive Plan of the Borough and promotes the harmonious and orderly development of the zoning district involved.
(b) The proposed change protects and promotes the safety, health, morals and general welfare of the Borough.
(c) The proposed change or modification constitutes an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter or detract from the use of surrounding property or the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in the area; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the condition of use for which applicant seeks approval.
(d) The proposed change is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major streets and highways from undue congestion and hazard.
(e) Major street and highway frontage will be developed so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the major street or highway.
(f) The proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection and public schools, and assures adequate arrangements for sanitation in specific instances.
(g) All commercial or industrial parking, loading, access or service areas will be adequately illuminated at night while in use and arranged so as to comply with the requirements of Article
X dealing with special regulations and relating to access and highway frontage.
(h) Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of this zoning chapter are complied with and that the use of the property adjacent to the area included in the proposed change or modification is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
(i) Any specific requirements set forth for the specific use, as further stipulated under Article
IX, Supplementary Regulations, of this chapter shall also be met.
D. Challenge to the validity of any ordinance or map. The Zoning Hearing Board shall hear challenges to the validity of a zoning ordinance or map except as indicated in 53 P.S. §
10916.1. In all such challenges, the Zoning Hearing Board shall take evidence and make a record thereon as provided in §
225-73 of this chapter. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
E. Exercise of powers. In exercising the above powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholely or partly, or may modify the order, requirement decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to this chapter, the Board shall, before making any finding in a specific case, first determine that the proposed change will not permit a nonpermitted use for the district and will not impair an adequate supply of light and air to adjacent property or increase the danger of fire or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the Borough. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variance or special exception. The decision of the Board shall be made a part of any building permit or occupancy certificate in which a variance or special exception is allowed.
F. Conditions. In arriving at its decision, the Board may impose reasonable conditions, restrictions or safeguards in the furtherance of the general intent of this chapter, including requiring a bond to assure compliance with such conditions, restrictions or safeguards.
G. Required action. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to allow any variance or special exception under this chapter.
H. Appeal from action of the Board. Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer or the Borough Council may appeal to the Court of Common Pleas by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specifying the grounds relied upon.