The purposes of this article are to list and describe the powers,
procedures and standards for the Zoning Hearing Board, as required
by the Pennsylvania Municipalities Planning Code, as amended.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the provisions of Section 908 of the Municipalities
Planning Code.
Decisions of the Zoning Hearing 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 Zoning Hearing
Board.
B. Citation by quotation or by reference to the specific sections of
the local ordinances and/or the Municipalities Planning Code that
are relevant to the case in question.
C. Conclusions of the Zoning Hearing Board, enumerating the reasons
why such conclusions are deemed appropriate in light of the facts
found.
D. Ruling of the Zoning Hearing 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 Zoning Hearing Board
shall, among other things, consider the following standards:
A. Municipalities Planning Code criteria for variances.
(1)
The Zoning Hearing 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 Zoning Hearing 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 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 Zoning Hearing Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the Municipalities Planning Code and
this chapter.
B. Standards for review of special exceptions.
(1)
In any instance where the Zoning Hearing Board is required to
consider a request for a special exception, the Zoning Hearing Board
shall consider the following factors, where appropriate (see also
Section 912.1 of the Municipalities Planning Code):
(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 interests
of the Borough, the convenience of the community and the public health,
safety and welfare.
(d)
That the proposed use promotes orderly development, proper population
density and the provision of adequate community facilities and services,
including police and fire protection.
(e)
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.
(f)
That the proposed use will provide for adequate off-street parking, as required in Article
XVI.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in §
185-1902 shall apply.
(3)
Financial hardship shall not be construed as a basis for granting
special exceptions.
(4)
In granting any special exception, the Zoning Hearing 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 Municipalities 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, where applicable, comply with the more-specific standards relating to such special exception contained in relevant sections of Article
XIX.
[Amended 9-11-2012 by Ord. No. 11-2012]
Unless otherwise specified by the Zoning Hearing Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit and commence actual construction within one year
from the date of the Board's opinion and decree granting the same.
See Sections 914.1 and 915.1 of the Municipalities Planning
Code.
See Article X-A of the Municipalities Planning Code.