Where the Borough Council, in this Chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. A special exception shall not be granted by the Zoning Hearing Board unless and until:

   A.   A written application for a special exception is submitted indicating the Section of this Chapter under which the special exception is sought and stating the grounds on which it is requested.

   B.   Notice of the hearing shall be given in accordance with the regulations of the Pennsylvania Municipalities Planning Code.

   C.   The public hearing shall be held. Any party may appear in person or by agent or attorney.

   D.   The Zoning Hearing Board shall make a finding that it is empowered under the Section of this Chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

   E.   Before any special exception shall be issued, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

      (1)   Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and the access in case of fire or catastrophe.

      (2)   Off-street parking and loading areas where required, with particular attention to the items in subsection (1), above, and the economic, noise, glare or odor effects of the special exception on adjoining properties generally in the district.

      (3)   Refuse and service areas, with particular reference to the items in subsection (1) and (2), above.

      (4)   Utilities, with reference to locations, availability, and compatibility

      (5)   Screening and buffering with reference to type, dimensions and character.

      (6)   Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

      (7)   Required yards and other open space.

      (8)   General compatibility with adjacent properties and other properties in the district.

(Ord. 206, 2/7/1977, § 16.02; as amended by Ord. 261, 7/1/2002, § 1)

1.   The Zoning Hearing 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 applicant.

   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 of 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.

2.   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 Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

3.   A variance from the teems of this Chapter shall not be granted by the Zoning Hearing Board unless and until:

   A.   A written application for a variance is submitted demonstrating:

      (1)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.

      (2)   That literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.

      (3)   That the special conditions and circumstances do not result from the actions of the applicant.

      (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district. No nonconforming use of neighboring lands, structures or buildings, in other districts shall be considered grounds for the issuance of a variance.

   B.   Notice of public hearing shall be given as in § 1701(B), above.

   C.   The public hearing shall be held. Any party may appear in person, or by agent, or by attorney.

   D.   The Zoning Hearing Board shall make findings that the requirements of § 1702(3)(A) have been met by the applicant for a variance.

   E.   The Zoning Hearing Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible the reasonable use of the land, building or structure.

   F.   The Zoning Hearing Board shall further make a finding that the granting of a variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(Ord. 206, 2/7/1977, § 16.03; as amended by Ord. 261, 7/1/2002, § 1)

1.   In exercising the above mentioned powers, the Zoning Hearing Board may, so long as such action is in conformity with the terms of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and shall have the powers of the administrative official from whom the appeal is taken.

2.   The concurring vote of two members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in the application of this Chapter.

3.   The granting of approval of any special exception or variance shall be valid for the original landowner (appellant) only for a maximum of 2 years from the date of decision. If, however, said property is transferred in ownership prior to the 2 year limitation, the special exception or variance becomes immediately invalid upon such transfer of ownership.

(Ord. 206, 2/7/1977, § 16.04)