1. Variances. The Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship on the applicant. An ability to increase a financial return or reduce a financial liability shall not be a reason for a variance. 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 the following findings are made where relevant in a given case:
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 Ordinance 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 Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. Such unnecessary hardship has not been created by the appellant.
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.
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.
F. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Ordinance. The Zoning Hearing Board shall also have the authority to establish conditions that are necessary to minimize disturbance of and to conserve steep slopes, mature woodland, wetlands, floodplains, springs, waterways and other important natural features.
G. A grant of a variance shall not be allowed simply for economic reasons if the applicant has not met the required standards for a variance that are provided in State law, which are restated in paragraphs .A through .E above. The reasons for granting a variance must be serious, substantial and compelling, unless the applicant is able to prove that a de minimis variance is being requested.
H. A use variance shall not be allowed unless the applicant proves that the property is virtually unusable under the currently allowed uses, unless the applicant proves that a particular use is not addressed anywhere in the Township or unless the applicant proves that the proposed use is closely similar to a use allowed in that district.
2. Special Exceptions. Where this Ordinance has provided for certain applications to be granted or denied by the Board as special exceptions, the Board shall hear and decide such requests. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Ordinance.
A. Persons with Disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this Ordinance that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable Federal law to provide a “reasonable accommodation” to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.
(1) Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.
(2) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988, or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this Ordinance necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3) Any modification approved under this Section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
3. Additional Factors to Be Considered in Requests for Special Exceptions and Variances. In passing upon applications for special exceptions and variances the Board shall consider all relevant factors and procedures specified in other sections of this Ordinance, including Article 4, “Use Regulations,” as well as the following:
A. Consider the suitability of the property for the use desired and the extent to which the new or expanded use is regulated by appropriate conditions and safeguards.
B. Consider whether the use would create a hazard to the public health or safety or unreasonable nuisances to neighboring residents.
C. Consider the adequacy of the proposed water supply and sanitation systems. If water supply and sanitary sewage matters will be addressed under another Township ordinance or a separate Township, county or State approval, the Board may require compliance with such ordinance or approval as a condition of the Board’s approval, without requiring that the details be provided before the Zoning Hearing Board.
D. Consider the effects of the proposed use with respect to the most appropriate use of land; safety from fire, panic and other dangers; adequacy of light and air; and whether undue burdens will be placed upon public and community services.
E. Consider the compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
F. Give full consideration to the size, scope, intent, and character of the special exception or variance requested and assure the compatibility of the proposed use with the purposes of the comprehensive plan and with all applicable requirements of this Ordinance.
G. Consider the safety of access to the property for motor vehicles and emergency vehicles and the probable effects of proposed development on highway congestion and safety, and insure that adequate access arrangements are provided in order to protect roadways from undue congestion and hazard.
H. The applicant shall provide credible evidence that noise, fumes, vibration and excessive lighting will be properly controlled.
I. The Board may request that the Township engage the Township Engineer or another professional to provide technical assistance to the Board in regards to an application. This includes, but is not limited to, matters involving compliance with the floodplain regulations, nuisances or hazards.
J. Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to the public safety, extraordinary public expense, creation of unreasonable nuisances to neighbors, or conflict with local ordinances.
K. The Zoning Hearing Board or Zoning Officer shall have the authority to require an applicant to present additional information if necessary to determine compliance with this Ordinance.
L. The applicant shall provide evidence that the proposed use will be suitable for the site, considering the disturbance of steep slopes, mature woodland, wetlands, floodplains, springs and other important natural features, and considering measures that the applicant proposes to conserve such features as a condition of approval.
(Ord. passed 10-2-2007, § 1009)