Newlin Township City Zoning Code
ARTICLE XII
Hardship Relief
§ 240-123 Purpose.
This article establishes the procedures for appeals to the Zoning Hearing Board for relief from the literal provisions of this chapter.
§ 240-124 Granting relief.
A.
Granting relief from the determination of the Zoning Officer. In recognition that certain uses of land may be safely permitted without detriment to the general welfare, the Zoning Hearing Board may judge and either approve, approve with conditions, or disapprove applications that the Zoning Officer may not permit.
B.
Allowing certain uses due to hardship. Except as modified herein, it is the intent of this article to make provisions for certain uses which would be consistent with the intent or standards for a given district, but which would not be allowed due to some unavoidable limitation of an existing lot to fully meet an established standard.
§ 240-125 Variances.
A.
Findings. The Zoning Hearing Board may grant a variance in cases of practical difficulties or unnecessary hardships in complying with this chapter, provided the following findings are made where relevant in a given case. The burden of proof shall rest with the applicant, who shall meet the following criteria:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographic 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 applicant.
(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.
B.
Conditions and safeguards. 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. The Board shall require that adequate on- or off-site water and sewage disposal facilities are available for the use intended.
C.
Expiration of variances. Unless otherwise specified by the Board or by law, a variance shall expire if the applicant fails to obtain a zoning permit within six months from the date of authorization thereof by the Zoning Hearing Board or by the court if such variance has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the variance within one year from the date of authorization thereof by the Zoning Hearing Board or by the court if such variance has been granted after an appeal. The Zoning Hearing Board, upon written application and for reasonable cause shown, may extend the approval for an additional period of up to one year.
§ 240-126 Application procedures.
A.
Requirements for all appeals. An appeal or challenge to the validity of an ordinance shall be made on forms provided by the Township and shall include:
B.
Plan required for appeals to bulk or lot standard. An appeal for a variance to any bulk or lot standard of this chapter shall be accompanied by a plan, drawn to a suitable scale, showing the items necessary to identify the extent of the relief that is requested from this chapter. The plan shall include the following data, when applicable:
(1)
The location of all buildings;
(2)
Parking areas and capacity data, traffic access and circulation, easements and rights-of-way;
(3)
Open spaces, yard areas, fences, buffer areas, landscaping, sidewalks, curbs;
(4)
Ground floor plans and elevations of proposed structures;
(5)
Names and addresses of adjoining property owners and an indication of the land uses of adjacent lots;
(6)
Written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this chapter and how the requested relief meets the requirements of § 240-125A of this chapter;
(7)
All floodplains, watercourses, wetlands, culverts, bridges, and other similar features;
(8)
Proposed grading plans, including cross sections;
(9)
Signs and lighting facilities, including extent of lighted areas;
(10)
Size and intensity of use data, including the number of dwellings, floor area of nonresidential structures, acreage;
(11)
Zoning district and bulk and lot data;
(12)
Site topography at adequate scale;
(13)
All easements and rights-of-way.