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 nor less than
seven days prior to 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 be within a two-hundred-foot
radius of the property in question.
C. By mailing or delivering notice thereof to Borough Council, the Borough
Secretary and the Code Enforcement Officer.
D. By conspicuously posting notice of said hearing on the affected tract
of land at least one week prior to the hearing.
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. MPC criteria for variances.
(1)
An applicant for a variance shall have the burden of establishing:
(a)
That there are unique physical conditions or circumstances peculiar
to the subject property, and that the unnecessary hardship is not
due to the circumstances or conditions generally created by this chapter
in the district in which the property is located.
(b)
That, because of such physical conditions or circumstances,
the property cannot be developed in strict conformity with the provisions
of this chapter, and, therefore, a variance is necessary.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
That the variance, if authorized, will not alter the character
of the neighborhood or district, nor impair the appropriate use or
development of adjacent property, nor be detrimental to the public
welfare.
(2)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the MPC 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:
(a)
That the proposed use is appropriate for the site in question
in terms of size, topography, natural features, drainage, accessibility,
and availability of public services, and that adequate provisions
will be made to protect sensitive environmental features, including
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
other 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, signage or other proposed features.
(c)
That the proposed special exception will serve the best interest
of the Borough and convenience of the community and the public, health,
safety and welfare.
(d)
That the proposed use is consistent with the Clifton Heights
Borough Comprehensive Plan.
(e)
That the proposed use promotes orderly development, proper population
density, and the provision of adequate community facilities and services,
including fire and police 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 by Article
XII of this chapter.
(2)
In cases where uses permitted by special exception are not accompanied by standards for such uses, the regulations in Article
XIV of this chapter shall apply.
(3)
Financial hardship shall not be construed as a basis for granting
a special exception.
(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
MPC and this chapter. Such special exception shall be clearly authorized
by a provision of this chapter and shall comply with the more specific
standards relating to such special exception contained in the sections
of this chapter relating to uses by special exception.
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a building
permit within six months from the date of authorization thereof.