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 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 (see also Section 908 of the Planning Code):
A. Notice shall at a minimum state the time and the place of the hearing
and the particular nature of the matter to be considered at the hearing.
B. 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 not less than seven days from the date of the hearing.
C. 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.
D. By mailing or delivering notice thereof to Borough Council, the Borough
Manager and the ZO.
E. By conspicuously posting notice of said hearing on the affected tract
of land at least one week prior to the hearing.
Decision 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 that 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 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 the Zoning Ordinance 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 the Zoning Ordinance 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 (see also Section 912.1 of the 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 interest
of the Borough, the convenience of the community and the public health,
safety and welfare.
(d)
That the proposed use is consistent with the Darby Borough community
development objectives that have been adopted as part of this chapter.
(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
XIV.
(2)
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in §
153-127 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 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
XVII.
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.
See Sections 914.1 and 915.1 of the Planning Code.
See Article X-a of the Planning Code.