The Borough Council shall appoint a Zoning Hearing Board consisting
of three members. The Borough Council shall designate one such member
to serve until the first day of January following the effective date
of this chapter, one until the first day of the second January thereafter
and one until the first day of the third January thereafter; shall
appoint three successors on the expiration of their respective terms
to serve three years; and shall fill any vacancy for the unexpired
term of any member whose term becomes vacant. The members of the Zoning
Hearing Board shall be removable for cause by the Borough Council,
upon written charges and after a public hearing. The word "Board"
when used in this article shall mean the Zoning Hearing Board.
The Board shall have the following powers:
A. To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of this chapter.
B. To hear and decide special exceptions to the terms of this chapter
in such cases as are herein expressly provided for, in harmony with
the general purpose and intent of this chapter, with power to impose
appropriate conditions and safeguards.
C. To authorize, upon appeal, in special cases, such variance from the
terms of this chapter as the Board shall feel will not be contrary
to the public interest and the spirit of this chapter where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship or injustice.
In exercising the above-mentioned powers, the Board may reverse
or affirm, wholly or in part, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as sought to be made and, to
that end, shall have all the powers of the officer from whom the appeal
is taken. Notice of the Board's decision shall forthwith be mailed
to the applicant, the property owner and other interested parties.
[Amended 1-10-2006 by Ord. No. 06-02, approved 1-10-2006]
In any instance where the Zoning Hearing Board is required to
consider a variance or special exception from this chapter in accordance
with the provisions of this chapter, the Zoning Hearing Board shall
consider, among other things:
A. Consider the suitability of the property for the use desired and
determine whether the proposed change is consistent with the spirit,
purpose and intent of this chapter and Comprehensive Plan.
B. Determine that the proposed change will not substantially injure
or detract from the use of the neighboring properties or from the
character of the neighborhood and that the use of the adjacent properties
are adequately safeguarded.
C. Determine that the proposed change will serve the best interest of
the Borough of West Conshohocken.
D. Consider the effect of the proposed change upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewers, police, fire protection and public schools.
E. Consider the suitability of the proposed location of use with respect
to probable effects upon highway traffic and assure adequate access
arrangements in order to protect major roads from undue congestion
and hazard.
F. Be guided in its study, review and recommendation by sound standards
of subdivision and land development practice where applicable.
G. Imposing such conditions and safeguards in addition to those required
which are necessary to assure compliance with the intent of this chapter
and the Comprehensive Plan. Such 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 and adequate standards of parking, loading and
sanitation.
H. In all applications for variances and special exceptions, the Board
shall examine the effect of the proposed use or expansion of an existing
use on the demands for parking in the Borough. The Zoning Hearing
Board shall evaluate the necessity of providing off-street parking
regardless of whether off-street parking is required by the Code.
The Zoning Hearing Board shall require the applicants to present testimony
regarding the effect of the proposed use on parking problems in the
Borough.
I. In the case of a special exception, the burden is upon the applicant
to prove that the proposed use or the expansion of an existing use
will not exacerbate the parking problems that exist in the Borough
at that time.
J. In a special exception case, the applicant shall have the burden
of establishing by competent evidence and testimony that the application
falls within the provisions of this chapter which accords to the applicant
the right to seek a special exception, and that the allowance of the
special exception will not be contrary to the public interest,
K. In a variance case, the applicant shall have the burden of establishing
by competent evidence and testimony the criteria required by the Pennsylvania
Municipalities Planning Code for the granting of a variance and that
the literal enforcement of the provisions of this chapter will result
in unnecessary hardship as that term is defined by relevant statutory
provisions and current case law. The applicant seeking a variance
will also have the burden of establishing that the allowance of a
variance will not be contrary to the public interest.
L. In considering whether the allowance of a special exception or variance
is contrary to the public interest, the Zoning Hearing Board shall
consider whether the application, if granted, will:
(1)
Substantially increase traffic congestion in the streets surrounding
the subject site.
(2)
Increase the risk of fire or panic or otherwise endanger the
public safety.
(3)
Overcrowd the land or create undue concentration to population.
(4)
Be suitable for the property in question so as to be consistent
with the spirit and purpose of the provisions of this chapter.
(5)
Intrude upon the adequacy of natural light and air to adjoining
properties.
(6)
Create extraordinary burdens on public, private or community
water systems or upon groundwaters or wells within the neighborhood.
(7)
Overburden the public sanitary sewer system or present other
environmental problems for the area.
(8)
Place undue burdens on the police, fire, ambulance or other
emergency services provided throughout the neighborhood.
(9)
Cause adverse effects to the appropriate use to the adjacent
properties in the neighborhood where the property is located.
(10)
Cause adverse impacts due to its building, parking areas, loading
areas, outdoor activity areas, light sources, trash areas, storage
areas and other potential nuisances to abutting properties and the
neighborhood as a whole.
(11)
Cause risk or damage to the safety of persons or property by
improper location or design of facilities for ingress and egress to
or from the property in question.
(12)
Cause negative impacts to any rivers, streams, ponds, floodplains,
wetlands, parklands, groundwater, vegetation, steep slopes, air and
ground.
(13)
Overburden the street parking in the area.
(14)
Otherwise adversely effect the public safety, health, morals
and general public welfare of the community.
[Amended 4-8-2003 by Ord. No. 03-04, approved 4-8-2003]
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a building
permit within one year of the date of authorization thereof.
Application before the Zoning Hearing Board as is provided in Article
XVI shall be accompanied by a cash payment to the Borough in accordance with a fee schedule adopted by resolution of the Zoning Hearing Board and approved by the Borough Council following the enactment of this chapter, or as such schedule may be amended by resolution of the Zoning Hearing Board and approved by the Borough Council.