This article establishes the procedures for appeals to the Zoning
Hearing Board for relief from the literal provisions of this chapter.
A.
Granting relief from the determination of the Zoning Officer. In
recognition that certain uses of land may be safely permitted without
detriment to the general welfare, the Zoning Hearing Board may judge
and either approve, approve with conditions, or disapprove applications
that the Zoning Officer may not permit.
B.
Allowing certain uses due to hardship. Except as modified herein,
it is the intent of this article to make provisions for certain uses
which would be consistent with the intent or standards for a given
district, but which would not be allowed due to some unavoidable limitation
of an existing lot to fully meet an established standard.
A.
Findings. The Zoning Hearing Board may grant a variance in cases
of practical difficulties or unnecessary hardships in complying with
this chapter, provided the following findings are made where relevant
in a given case. The burden of proof shall rest with the applicant,
who shall meet the following criteria:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographic or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions generally created by the provisions of this chapter
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 this chapter 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 applicant.
(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.
(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 in issue.
B.
Conditions and safeguards. 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. The Board shall require
that adequate on- or off-site water and sewage disposal facilities
are available for the use intended.
C.
Expiration of variances. Unless otherwise specified by the Board
or by law, a variance shall expire if the applicant fails to obtain
a zoning permit within six months from the date of authorization thereof
by the Zoning Hearing Board or by the court if such variance has been
granted after an appeal, or fails to complete any erection, construction,
reconstruction, alteration or change in use authorized by the variance
within one year from the date of authorization thereof by the Zoning
Hearing Board or by the court if such variance has been granted after
an appeal. The Zoning Hearing Board, upon written application and
for reasonable cause shown, may extend the approval for an additional
period of up to one year.
A.
Requirements for all appeals. An appeal or challenge to the validity
of an ordinance shall be made on forms provided by the Township and
shall include:
(1)
The name and address of the appellant.
(2)
The name and address of the parcel's owner.
(3)
A brief description and location of the real estate affected.
(4)
The grounds for the appeal or challenge to the validity of an
ordinance.
(5)
The application fee as established by the Board of Supervisors.
B.
Plan required for appeals to bulk or lot standard. An appeal for
a variance to any bulk or lot standard of this chapter shall be accompanied
by a plan, drawn to a suitable scale, showing the items necessary
to identify the extent of the relief that is requested from this chapter.
The plan shall include the following data, when applicable:
(1)
The location of all buildings;
(2)
Parking areas and capacity data, traffic access and circulation,
easements and rights-of-way;
(3)
Open spaces, yard areas, fences, buffer areas, landscaping,
sidewalks, curbs;
(4)
Ground floor plans and elevations of proposed structures;
(5)
Names and addresses of adjoining property owners and an indication
of the land uses of adjacent lots;
(6)
Written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter and how the requested relief meets the requirements of § 240-125A of this chapter;
(7)
All floodplains, watercourses, wetlands, culverts, bridges,
and other similar features;
(8)
Proposed grading plans, including cross sections;
(9)
Signs and lighting facilities, including extent of lighted areas;
(10)
Size and intensity of use data, including the number of dwellings,
floor area of nonresidential structures, acreage;
(11)
Zoning district and bulk and lot data;
(12)
Site topography at adequate scale;
(13)
All easements and rights-of-way.
