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 title inflict unnecessary hardship on the applicant.
(2) A variance from the terms of this title 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:
A. 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 the circumstances or conditions generally created by the provisions of this title in the neighborhood or district in which the property is located;
B. 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 title and that the authorization of the variance is therefore necessary to enable the reasonable use of the property;
C. Such unnecessary hardship has not been created by the applicant;
D. 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; and
E. 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 Zoning Code.
(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:
A. 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. 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. The proposed special exception will serve the best interest of the township, and convenience of the community, and the public health, safety and welfare;
D. The proposed use is consistent with the most recently adopted Township Comprehensive Plan;
E. The proposed use promotes orderly development, proper population density and the provision of adequate community facilities and services, including police and fire protection;
F. 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; and
G. The proposed use will provide for adequate off-street parking, as required in Chapter 1284.
(2) In cases where uses permitted by special exception are not accompanied by standards for such uses, the regulations in § 1290.03 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 title as it may deem necessary to implement the purposes of this title, 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 title and shall comply with the more specific standards relating to such special exception contained in sections of this title relating to uses by special exception.
(Ord. 896, passed 12-21-2011)