The purpose of this article is to list and describe
the powers, procedures, composition, and standards for the Zoning
Hearing Board, as required by the Planning Code.
The Board shall conduct hearings and make decisions
in accordance with the provisions of Section 908 of the Planning Code.
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
Borough, provided that the first publication shall be not more than
30 days and the second publication shall be not less than seven days
from the date of the hearing.
B. By mailing or delivering due notice thereof to the
applicant and other parties in interest, who shall be at least those
persons whose properties adjoin the property in question or are within
a two-hundred-foot radius of the property in question.
C. By mailing or delivering notice thereof to Borough
Council 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.
Decisions of the Board shall include the following
elements:
A. Findings of fact, including a brief summary of relevant
testimony and information entered during the proceedings of the Board.
B. Citation by quotation or by reference to the specific
sections of the local ordinances and/or the Planning Code which are
relevant to the case in question.
C. Conclusions of the Board, enumerating the reasons
why such conclusions are deemed appropriate in light of the facts
found.
D. Ruling of the Board, indicating in writing any stipulations
or conditions attached to the ruling.
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 this chapter 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 the presence of all of the following conditions where
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 to 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.
(1)
In any instance where the Board is required
to consider a request for a special exception, the Board shall consider
the following factors where appropriate:
(a)
That the proposed use is appropriate for the
site in question in terms of size, topography, natural features, drainage,
sewage disposal, water supply, 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.
(b)
That the proposed use is compatible with the
character of the surrounding neighborhood and 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.
(c)
That the proposed special exception will serve
the best interest of the Borough, convenience of the community, and
the public health, safety, and welfare.
(d)
That the proposed use is consistent with the
most recently adopted Marcus Hook Comprehensive Plan.
(e)
That the proposed use promotes orderly development,
proper population density, and the provision of adequate community
facilities and services, including police and fire protection.
(f)
That the proposed use is suitable in terms of
its effect on highway safety and traffic circulation and that access,
on-site circulation, and parking are adequate in view of anticipated
traffic.
(g)
That the proposed use will provide for adequate off-street parking, as required in Article
XV.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in §
196-130 shall apply.
(3)
Financial hardship shall not be construed as
a basis for granting special exceptions.
(4)
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 exceptions shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such special exceptions contained in appropriate sections of Article
XVIII.
Unless otherwise specified by the Board, a variance
or special exception shall expire if the applicant fails to obtain
a building permit within six months from the date of authorization
thereof.
See Sections 914.1 and 915.1 of the Planning
Code.
See Article X-A of the Planning Code.