The Zoning Hearing Board shall have exclusive power to hear
appeals for dimensional and use variances from the provisions of this
chapter.
A. The landowner shall submit an application to the Zoning Officer including
a survey showing existing structures and the location and detail of
the proposed activity or structure for which the applicant requires
a variance; the required fee for a variance as outlined in the fee
schedule or schedules of the Borough Council and a completed application
with all required contact information as well as additional information,
if any, required by the Board.
B. The Board shall grant a variance only when findings of fact are supported
by all of the following where relevant in a given case and therefore
constitute an unnecessary hardship inflicted by this chapter.
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical 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
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 this chapter 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 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.
(5)
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.
C. In granting any variance, the Board may attach such reasonable conditions
and safeguards, as it may deem necessary to implement the purposes
of this chapter.
The Board is authorized to consider special exceptions.
A. Expansions and changes of nonconforming uses shall be evaluated as per the following standards cited in Article
X and the general standards cited in this section.
B. The landowner shall submit an application to the Zoning Officer including
a survey showing existing structures and the location and detail of
the proposed activity or structure for which the applicant requires
the special exception, including representations of parking and circulation;
the required fee for the special exception fee as outlined in the
schedule or schedules of the Borough Council, and a completed application
with all required contact information as well as additional information,
if any, required by the Board.
C. Special exceptions for nonconforming uses shall be evaluated by the
following criteria at a minimum.
(1)
The impact of any proposed use on the neighborhood of which
it is a part compared with the impact of the existing nonconforming
use. A proposed use shall not present a greater adverse impact as
compared with the existing use.
(2)
The impact of an expansion of the nonconforming use and the
manner in which the expansion changes or redefines the impact of the
current nonconforming use.
(3)
The extent to which a proposed expansion changes the scale of
use such that the use itself may be changed such that it does not
present an adverse impact on the neighborhood and district in which
it is located. The expansion shall be considered a natural outgrowth
necessary to the economic vitality and sustainability of the current
nonconforming use.
(4)
The consistency of any proposed expansion with the current character
of a neighborhood or district.
(5)
The change in parking required and traffic circulation associated
with any proposed expansion or change in use.
D. In granting any special exception, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter.
E. Proposed additions shall conform dimensionally and otherwise to the
standards of the present ordinance, or shall otherwise require a dimensional
variance.
F. Appeals from the Determination of the Zoning Officer. The Board shall
hear appeals from the determination of the Zoning Officer in matters
concerning the denial of a permit, a cease and desist order, and all
other matters outlined in § 909.1 of the Municipalities
Planning Code as amended. The aggrieved party shall make application
to the Zoning Officer for the appeal of the disputed decision. The
application shall include the fee as defined in the Borough's
adopted fee schedule, name and contract information, copies of the
permit application, and any additional details relating to the denial
or order issued.
G. The Zoning Hearing Board recognizes its jurisdiction as defined above
and as additionally defined within § 909.1 of the MPC, as
amended, including the challenge of this chapter's validity within
30 days after its initial adoption based on procedural defects associated
with the adoption process.
The Zoning Hearing Board shall hear any variance or special exception with regard to §
265-1407, Floodplain regulations.