In any instance where the Zoning Hearing Board is required to consider a special exception or variance in accordance with the provisions of this Chapter, the Board shall, among other things, consider the following standards:
A. For Variances.
(1) 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 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 appellant.
(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.
(6) 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 comprehensive plan.
B. For Special Exceptions.
(1) Consider the suitability of the property for the use desired. Assure itself that the proposed request is consistent with the spirit, purpose, and intent of this Chapter and the comprehensive plan.
(2) Determine that the proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded.
(3) Determine that all yard, open space and height limitations for the district have been met.
(4) The provision of off-street parking.
(5) The number and location of vehicular access points to the site.
(6) The suitability of the proposal with respect to probable effects upon traffic in order to protect streets and highways from undue congestion.
(7) Pedestrian access to the site.
(8) The effect upon and/or availability of public facilities and utilities such as water, sewer, police and fire protection, schools, etc.
(9) The provision of a planting screen and/or additional yard or open space area to reduce the effect of the proposed use upon adjacent properties.
(10) Additional reasonable conditions as deemed necessary to assure compliance with the intent of this Chapter.
C. For Variances and Special Exceptions within the Floodway and Flood- Fringe Districts. In passing upon applications for variances and special exceptions the Zoning Hearing Board shall consider all relevant factors specified in other Sections of this Chapter and:
(1) The danger of life and property is due to increased flood heights or velocities caused by encroachments. The Zoning Hearing Board shall not grant a variance for any use or development within the Floodway District if the use or development would result in any increase in the 100-year flood elevation. [Ord. 79-3]
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood-plain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(12) Such other factors which are relevant to the purposes of this Chapter.
(Ord. 77-5, 2/28/1977, §1603; as amended by Ord. 79-3, 4/3/1979, §4)