(a) For variances. An applicant for a variance shall have the burden of establishing both:
(1) That a literal enforcement of the provisions of this Zoning Code will result in unnecessary hardship, as that term is defined by law, including court decisions; and
(2) The allowance of the variance will not be contrary to the public interest.
(b) For special exceptions. An applicant for a special exception shall have the burden of establishing both:
(1) His or her application falls within the provisions of the Zoning Code which affords to the applicant the right to seek a special exception; and
(2) The allowance of a special exception will not be contrary to the public interest.
(c) Evaluation of the impact of an application on the public interest. In determining whether the allowance of a special exception or variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:
(1) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features and neighborhood aesthetic characteristics;
(2) Be in accordance with the most recently adopted Township Comprehensive Plan;
(3) Provide required parking in accordance with Chapter 1284;
(4) Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection and public schools; and
(5) Otherwise adversely affect the public health, safety or welfare.
(Ord. 896, passed 12-21-2011)