[Ord. 281, 1/5/1976, Art. XV, § 15.1]
To hear and decide appeals where it is alleged there is error
in any order, requirements, decision, or determination made by the
administrative official in the enforcement of this chapter.
[Ord. 281, 1/5/1976, Art. XV, § 15.2; as amended
by Ord. 454, 9/2/2008]
1.
To hear and decide only such special exceptions as the Zoning Hearing
Board is specifically authorized to pass on by the terms of this chapter;
to decide such questions as are involved in determining whether special
exceptions should be granted; and to grant special exceptions with
such conditions and safeguards as are appropriate under this chapter,
or to deny special exceptions when not in harmony with the purpose
and intent of this chapter. A special exception shall not be granted
by the Zoning Hearing Board unless and until:
A.
A written application for a special exception is submitted indicating
the section of this chapter under which the special exception is sought
and stating the grounds on which it is requested.
B.
The public hearing shall be held. Any party may appear in person
or by agent or attorney.
C.
The Zoning Hearing Board shall make a finding that it is empowered
under the section of this chapter described in the application to
grant the special exception, and that the granting of the special
exception will not adversely affect the public interest.
D.
Before any special exception shall be issued, the Board shall make
written findings certifying compliance with the specific rules governing
individual special exceptions and that satisfactory provision and
arrangement has been made concerning the following, where applicable:
(1)
Ingress and egress to property and proposed structures thereon
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control and the access in case of fire
or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection 1D(1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties generally in the district.
(4)
Utilities, with reference to locations, availability, and compatibility.
(5)
Screening and buffering with reference to type, dimensions,
and character.
(6)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect, and compatibility and harmony
with properties in the district.
(7)
Required yards and other open space.
(8)
General compatibility with adjacent properties and other properties
in the district.
[Ord. 281, 1/5/1976, Art. XV, § 15.3]
1.
To authorize upon appeal in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions
of this chapter would result in unnecessary hardship. A variance from
the terms of this chapter shall not be granted by the Zoning Hearing
Board unless and until:
A.
A written application for a variance is submitted demonstrating:
(1)
That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not applicable
to other lands, structures, or buildings in the same district.
(2)
That literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this chapter.
(3)
That the special conditions and circumstances do not result
from the actions of the applicant.
(4)
That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, structures, or buildings in the same district.
(5)
No nonconforming use of neighboring lands, structures, or buildings,
in other districts shall be considered grounds for the issuance of
a variance.
C.
The public hearing shall be held. Any party may appear in person,
or by agent, or by attorney.
D.
The Zoning Hearing Board shall make findings that the requirements
of Subsection 1A have been met by the applicant for a variance.
E.
The Zoning Hearing Board shall further make a finding that the reasons
set forth in the application justify the granting of the variance
that will make possible the reasonable use of the land, building,
or structure.
F.
The Zoning Hearing Board shall further make a finding that the granting
of a variance will be in harmony with the general purpose and intent
of this chapter, and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
2.
In granting any variance, the Zoning Hearing Board may prescribe
appropriate conditions and safeguards in conformity with this chapter.
[Ord. 281, 1/5/1976, Art. XV, § 15.4]
1.
In exercising the above mentioned powers, the Zoning Hearing Board
may, so long as such action is in conformity with the terms of this
chapter, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination as ought to be made, and shall
have the powers of the administrative official from whom the appeal
is taken.
2.
The concurring vote of two members of the Board shall be necessary
to reverse any order, requirement, decision, or determination of the
administrative official, or to decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or
to effect any variation in the application of this chapter.
3.
The granting or approval of any special exception or variance shall
be valid for the original landowner (appellant) only for a maximum
of two years from the date of decision. If, however, said property
is transferred in ownership prior to the two-year limitation, the
special exception or variance becomes immediately invalid upon such
transfer of ownership.
