The Zoning Hearing Board shall have the functions authorized
in the Pennsylvania Municipalities Planning Code, as amended. The
jurisdiction of the Zoning Hearing Board and the Township Supervisors,
and the procedures to be followed by each, shall be as established
in said Code.
A. Variances. The Board shall hear requests for variances where it is
alleged that the provisions of this chapter inflict unnecessary hardship
upon the applicant.
(1)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code, as amended.
(2)
The Board may, by rule, prescribe the form of application and
may require preliminary application to the Zoning Officer.
(3)
In all cases, the Zoning Hearing Board shall request the Board
of Supervisors and Planning Commission to review and comment on the
application prior to rendering a decision.
(4)
The Board may grant a variance, provided that all the following
findings are made where relevant in a given case, provided that the
ZHB written decision addresses the following findings as are 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 condition and not circumstances or conditions generally created
by the provisions of this chapter in the neighborhood or district
in which the property is located, and that the hardship is due to
the fact that the development can not be located on another part of
the property.
(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 a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(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 as granted by the Board is the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
(5)
The Zoning. Hearing Board shall document findings of fact and conclusions of law pertaining to §
200-147A(4)(a) through
(e).
(6)
The approval of a variance, if authorized by the Board, which
anticipates construction or modification of a structure or creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the variance should not be initiated within one year of the approval
or such additional term as may be expressed in the approval, or should
the activity which is the subject of the variance be discontinued,
the premises or structure or structures situated thereon shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
B. Special exceptions. The Board shall hear and decide, upon application,
only such special exceptions which the Board by the provisions of
this chapter is specifically authorized to issue.
(1)
In all cases, the Zoning Hearing Board shall obtain and consider
as evidence comments submitted by the Board of Supervisors and the
Planning Commission prior to rendering a decision. The granting of
a special exception when specifically authorized by the terms of this
chapter shall be subject to compliance with the conditions and safeguards
required by this chapter in the District in question, and the supplemental
regulations, and as evidenced by the applicants plans that are submitted
with the application with the same level of detail as what would be
required for the preliminary plan approval process to address the
following standards and criteria. The ZHB in its written decision
shall document and present findings of fact and conclusions of law
indicating that the applicant for a special exception has demonstrated,
as a condition to approval of his application, compliance with these
criteria and those criteria specified elsewhere in this chapter for
the use in question.
(a)
Such use shall be one which is specifically authorized as a
special exception use in the zoning district wherein the applicant
seeks a special exception.
(b)
Such special exception shall only be granted subject to any
applicable condition and safeguards as required by this chapter.
(c)
Such use shall be of a development scale or intensity if use
that would not adversely affect the character of the general neighborhood
or be incompatible with adjacent properties in the general neighborhood.
(d)
Such use shall not adversely affect the conservation of property
values.
(e)
Such use shall not adversely affect the health and safety of
residents or workers.
(f)
Such use shall not adversely impact the general neighborhood
relative to problems such as air pollution, light pollution, noise,
soil erosion, sedimentation, stormwater and flooding.
(g)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create congestion or hazards prejudicial
to the general neighborhood, and shall be serviceable by emergency
service providers.
(h)
Such use shall not increase the vehicular traffic more than
10% on the access streets.
(i)
Such use shall not degrade the street system to a Level of Service
(LOS) worse than LOS — "C."
(j)
Such use shall be compatible with the building sizes, heights,
and massing of other buildings in the general neighborhood.
(k)
Such use will include proposals for landscaping and buffering
to mitigate any adverse impacts.
(l)
Services and utilities (water and sewer) shall be made available
to adequately service the proposed use by the applicant, and-the applicant
shall provide "will serve" letters for the proposed water and sewer
systems from the Municipal Authority, or suitability letters from
certified professionals for on-site sewer and water.
(m)
Such use will include a back-up replacement area for on-lot
sewage disposal systems.
(n)
Such use shall not result in the extreme removal of natural
site conditions.
(o)
The granting of the special exception shall be consistent with
the Southern Berks Regional Comprehensive Plan.
(p)
In granting the special exception, the Zoning Hearing Board
shall make a finding of fact that the use is no greater in impact
than the impact that would normally result from other similar uses.
(2)
The approval of a special exception, if authorized by the Board,
which anticipates construction or modification of a structure or creation
of new or revised lot lines or dimensional standards for a property
or structure situated thereon shall be valid and remain in effect
for a term of one year from the date of said approval and shall thereafter
expire and be void, unless said construction, modification, new or
revised lot lines or dimensional standards or change of use or occupancy
be initiated within said one-year term or said term is expressly extended
as part of the initial approval. In the event that the activity anticipated
by the special exception should not be initiated within one year of
the approval or such additional term as may be expressed in the approval,
or should the activity which is the subject of the special exception
be discontinued, the premises or structure or structures situated
thereon shall not thereafter be used except in conformity with the
regulations of the district in which it is located.
(3)
In granting a special exception, the Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter, as it may deem necessary to implement the purposes of this
chapter and the Pennsylvania Municipalities Planning Code, as amended.
(4)
When application for a special exception has been filed with
the Zoning Hearing Board and the subject matter of such application
would ultimately constitute either a land development or a subdivision,
no change or amendment of the zoning, subdivision or other governing
ordinance or plans shall affect the decision on such application adversely
to the applicant, and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed; provided,
further, that should such an application be approved-by the Zoning
Hearing Board, the applicant shall be entitled to proceed with the
submission of either land development or subdivision plans within
a period of six months or longer as may be approved by the Zoning
Hearing Board following the date of such approval in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed with the Zoning Hearing
Board. If either a land development or subdivision plan is so filed
within said period, such plan shall be subject to the provisions of § 508
of the Municipalities Planning Code, and the time limitations thereof
shall commence as of the date of filing of such land development or
subdivision plan.
All appeals for securing review of this chapter or any decision,
determination, or order of the Board of Supervisors, its agencies
or officers issued pursuant to this chapter shall be in accordance
with all applicable sections of the Municipalities Planning Code,
Act 247, as amended. Questions of an alleged defect in the process
of enactment or adoption of this chapter shall be raised by an appeal
taken directly from the action of the Board of Supervisors to the
court, filed not later than 30 days from the effective date of the
chapter or map.