Kane City Zoning Code
ARTICLE XIII
Zoning Hearing Board
§ 250-27 Creation; membership; terms; authority.
[Amended 4-13-1998 by Ord. No. A-931]
The Kane Borough Zoning Board is created under the Authority of the Pennsylvania Municipalities Planning Code, Act 247 of 1968 (P.L. 805) , Article IX, Section 901.[1] The Board shall consist of five members, each serving a three-year term. The Board shall be governed in its actions by Article IX of Act 247,[2] but may make, alter and rescind rules and forms for its procedure, consistent with any other borough ordinances and laws of the commonwealth.
§ 250-28 Appeals from decision of Zoning Officer.
The Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed directly in court, where appropriate, pursuant to Pa. R.C.P., Sections 1191 to 1198, relating to mandamus.
§ 250-29 Challenge to the validity of any ordinance or map.
The Board shall hear challenges to the validity of a zoning ordinance or map, except for questions of an alleged defect in the process of enactment or adoption of any ordinance or map which shall proceed directly to the court. In all other challenges, the Board shall take evidence and make a record thereon. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.
§ 250-30 Variances.
A.
The Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. Subject to the provisions of Article X[1] and Section 609.1 of Act 247,[2] 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 the following findings are made where relevant in a given case:
(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, 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;
(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; and
(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.
§ 250-31 Special exceptions.
The Board shall hear and decide requests for special exceptions in accordance with the standards and criteria established in this chapter.
A.
Status of special exceptions. Once granted, a special exception must conform to all other rules and regulations of the district in which it is located.
B.
Additional requirements. In granting a special exception, the Board may attach such reasonable conditions and safeguards in addition to those expressed in the ordinance, and it may deem necessary to implement the purposes of Act 247[1] and this chapter. The conditions may include, but are not limited to, the following:
(1)
Increasing the required lot size or yard dimension;
(2)
Limiting the height, size or location of buildings;
(3)
Controlling the location and number of vehicle access points;
(4)
Increasing the street width;
(5)
Increasing the number of required off-street parking spaces;
(6)
Limiting the number, size, location and lighting of signs;
(7)
Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
(8)
Designating sites for open spaces.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.