In any instance where the Zoning Hearing Board is required to
consider a special exception or variance in accordance with the provisions
of this chapter, the Board shall, among other things, consider the
following standards:
A. For variances.
(1) 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 the Zoning Ordinance in the neighborhood
or district 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 the Zoning Ordinance 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 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; and
(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 at issue.
B. For special exceptions.
(1) Consider the suitability of the property for the use desired. Assure
itself that the proposed request is consistent with the spirit, purpose
and intent of the Zoning Ordinance.
(2) Determine that the proposed special exception will not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood and that the use of the property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
(3) Determine that the proposed special exception will serve the best
interests of the Borough, the convenience of the community, and the
public welfare.
(4) Consider the effect of the proposed special exception upon the logical
efficient and economical extension of public services and facilities,
such as water, sewers, police and fire protection, and public schools.
(5) Impose such conditions, in addition to those required, as are necessary
to assure that the intent of the Zoning Ordinance is complied with,
which conditions may include, but are not limited to, harmonious design
of buildings, planting and its maintenance as a sight or sound screen,
the minimizing of noxious, offensive or hazardous elements, adequate
standards of parking and sanitation.
(6) Determine that the unique circumstances for which the special exception
is sought were neither created by the owner of the property, nor were
due to or the result of general conditions in the zoning district
in which the property is located.
(7) Consider the suitability of the proposed location of an industrial
or commercial use with respect to probable effects upon the highway
traffic, and assure adequate access arrangements in order to protect
major streets and highways from undue congestion and hazard.
(8) Ascertain the adequacy of sanitation and public safety provisions,
where applicable, and require a certificate of adequacy of sewage
and water facilities from a governmental health agency in such case
required herein or deemed advisable.
(9) Financial hardship shall not be construed as the basis for granting
special exceptions.
[Added 3-27-2018 by Ord.
No. 685]
A. General. Where the Zoning Ordinance has stated conditional uses to
be granted or denied by the Borough Council pursuant to express standards
and criteria, the Borough Council shall hold hearings on and decide
requests for such conditional uses in accordance with such standards
and criteria.
B. Applications for any conditional use shall be made to the Borough
Council through the Zoning Officer. The Zoning Officer shall concurrently
refer the matter to the Planning Commission for a report thereon as
specified in this section.
C. All applications shall include the following:
(1)
The submittal of an application for a hearing before the Borough
Council.
(2)
A plan drawing that provides information sufficient to evaluate
conformance with the criteria for conditional use as set forth in
this section.
(3)
Information sufficient to evaluate conformance with the standards
specified in the pertinent section of this chapter.
D. Public hearing. Conditional use applications shall be subject to the same public hearing requirements and decision-making process as special exception applications, with the exception that the Borough Council shall conduct the public hearing instead of the Zoning Hearing Board. Specifically, the Borough Council shall follow the public hearing process as established in §
500-40.
E. In granting a conditional use, the Borough Council may attach such
reasonable conditions and safeguards in addition to those expressed
in the Zoning Ordinance as it may deem necessary to implement the
purposes of the Municipalities Planning Code, the Zoning Ordinance
and to anticipate and ameliorate any negative impacts on the health,
safety, and welfare of citizens residing nearby as well as the general
public.
F. In considering conditional uses, the Borough Council shall utilize
the following procedures.
(1)
The Borough Council's decision to approve or deny a conditional use application shall be made only after public notices and hearing as set forth in §
500-40 of this chapter. Such decision to approve or deny shall apply only after public notice and hearing.
(2)
No approval shall be granted by the Borough Council for any
conditional use until the Borough Council has received and considered
advisory reports thereon received from the Planning Commission with
respect to the location of such use in relation to growth patterns
within the Borough, and wherever appropriate, with reference to the
adequacy of the site plan design and the arrangement of buildings,
driveways, access points, parking areas, off-street loading spaces,
signage, lighting and any other pertinent features of a site plan.
(3)
The Planning Commission shall have 45 days from the receipt
of the Borough's receipt of a conditional use application within which
to file a report thereon. In the event that the Planning Commission
shall fail to file its report within 30 days, such application shall
have been deemed to have received a neutral review from said agency.
The Planning Commission may have representation at the public hearing
held by the Borough Council.