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The Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
A. 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 and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.
B. 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.
C. That such unnecessary hardship has not been created by the appellant.
D. 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 or adjacent property, nor be detrimental to the public welfare.
E. 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.
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.
(Ord. 319/1993B, § 1008)
1. The Board may grant special exceptions only for such uses as are provided for in Part 3, the district regulations, and pursuant to the express standards and criteria outlined in Part 3. In making such determinations, the Board may attach reasonable conditions and safeguards, in addition to those already expressed in this Chapter. The Board's decision to grant a permit for a special exception shall be made only after public notice and hearing.
2. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes or additions shall be subject to further review and public hearing by the Zoning Hearing Board as a separate special exception use.
3. In reviewing requests for special exceptions, the Board shall take into account the following requirements applicable in this Chapter and in the Subdivision and Land Development Ordinance [Chapter 22].
A. That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
B. That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
C. That the use will be compatible with adjoining development and the proposed character of the zoning district where it is to be located.
D. That adequate landscaping and screening is provided.
E. That adequate off-street parking and loading is provided and ingress and egress is adequately designed.
F. That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned residential developments.
G. The provisions for protecting stream corridors are provided, as specified in § 22-413 of the Township Subdivision and Land Ordinance [Chapter 22].
H. That areas with existing or potential sinkholes receive the required consideration as specified in §§ 22-413 and 22-414 of the Township Subdivision and Land Ordinance [Chapter 22].
4. Filing Requirements. In addition to the required building permit information each special exception application shall include the following:
A. Ground floor plans and elevations of proposed structures.
B. Names and address of adjoining property owners including properties directly across a public right-of-way.
C. A scaled drawing (site plan) of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Chapter.
D. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Chapter.
5. General Requirements. In reviewing requests for special exceptions, the Board shall take into account the following requirements along with those found in Part 3 and in other applicable Sections of this Chapter:
A. The proposed use shall be consistent with the purpose and intent of this Chapter.
B. The proposed use shall not detract from the use and enjoyment of adjoining or nearby properties.
C. The proposed use will not substantially change the character of the subject property's neighborhood.
D. Adequate public facilities are available to serve the proposed use (e.g., schools, fire, police and ambulance protection, sewer, water and other utilities, vehicular access and etc.).
E. For development within the floodplain zone, that the application complies with those requirements identified in the Township's Floodplain Ordinance [Chapter 8].
F. The proposed use shall comply with those criteria specifically listed in Part 4 of this Chapter. In addition, the proposed use must comply with all other applicable regulations contained in Chapter.
G. The proposed use will substantially support the integrity of the Township's Comprehensive Plan.
(Ord. 3/911993B, § 1009)
1. The Board shall have exclusive jurisdiction in the following matters:
A. Hears and decides challenges to the validity of this Chapter or Zoning Map.
B. Makes interpretations of this Chapter.
C. Hears and decides zoning appeals.
D. Hears and decides applications for special exceptions.
E. Hears and decides applications for variances.
2. The Supervisors shall have exclusive jurisdiction in the following matters:
A. Hear and decide applications for conditional use under the express provisions of this Chapter.
B. Amend this Chapter and Zoning Map pursuant to Part 14 of this Chapter.
C. All petitions for amendments to land use ordinances, pursuant to the procedures set forth in Part 14.
(Ord. 3/9/1993B, § 1010)
PART 11
CONDITIONAL USE
CONDITIONAL USE
1. In granting a conditional use, the Board of Supervisors shall make findings of fact consistent :with the provisions of this Chapter. The Board of Supervisors shall not approve a conditional use except in conformance with the conditions and standards outlined in this Chapter.
2. The Board of Supervisors shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Board of Supervisors shall among other things require that any proposed use and location be:
A. In accordance with the Township Comprehensive Plan.
B. In the best interests of the Township, the convenience of the community, and the public welfare.
C. Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with the existing character of the general vicinity.
D. In conformance with all applicable requirements of this Chapter and all Township ordinances.
E. Suitable in terms of effect on highway traffic and safety.
F. In accordance with sound standards of land development practice.
3. The Board of Supervisors may impose whatever conditions it deems necessary to ensure that any proposed development will secure substantially the objectives of this Chapter.
Review by the Planning Commission. The Board of Supervisors shall request an advisory opinion from the Planning commission on any application for a conditional use, the Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Board of Supervisors on an application. The Planning Commission may request a report from the Township Engineer or consultant.
(Ord. 3/9/1993B, § 1101)
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