Township of Darby, PA Functions of the Board.

[Ord. 670, 12/12/2007]

The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the appellant. The Board may grant a variance, provided that the following findings are made where relevant in a given case:

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 the Zoning Ordinance in the neighborhood or district in which the property is located;

That because of such physical circumstances or condition, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

That such unnecessary hardship has not been created by the appellant;

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

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification 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 purpose of this chapter.

[Ord. 670, 12/12/2007]

Where this chapter has provided for stated special exceptions to be granted or denied by the 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 the Ordinance, as it may deem necessary to implement the purpose of this act and the Zoning Ordinance.

Standards for Review of Special Exceptions.

In any instance where the Board is required to consider a request for a special exception, the Board shall consider the following factors, where appropriate:

(1)

That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services, and that adequate provisions will be made to protect sensitive environmental features such as streams, lakes, wetlands, slopes, and mature trees.

(2)

That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading and signage.

(3)

That the proposed special exception will serve the best interests of the Township, and convenience of the community, and the public health, safety and welfare.

(4)

That the proposed use is consistent with the Darby Township Comprehensive Plan.

(5)

That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.

(6)

That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.

(7)

That the proposed use will provide for adequate off-street parking, as required in Part 13.

Financial hardship shall not be construed as a basis for granting special exceptions.

In granting any special exception, the Board may attach reasonable conditions and safeguards in addition to those expressed in this Zoning Code as it may deem necessary to implement the purposes of the Planning Code and this Zoning Code, which conditions and safeguards may relate to, but not be limited to screening, lighting, off-street parking, noise, safety, aesthetics and the minimization of noxious, offensive or hazardous elements. Such special exceptions shall be clearly authorized by the provisions in this Zoning Code and shall comply with the more specific standards relating to such special exception contained in sections of this Zoning Code relating to uses by special exception.

Standards of Proof.

For Variances. An applicant for a variance shall have the burden of establishing both:

(1)

That a literal enforcement of the provisions of this Zoning Code will result in unnecessary hardship, as the term is defined by law, including court decisions; and

(2)

That the allowance of the variance will not be contrary to the public interest.

For Special Exceptions. An applicant for a special exception shall have the burden of establishing both:

(1)

That his application falls within the provisions of this Zoning Code which affords to the applicant the right to seek a special exception, and

(2)

That the allowance of a special exception will not be contrary to the public interest.

Evaluation of the Impact of an Application on the Public Interest. In determining whether the allowance of a special exception or variance is contrary to the public interest, the Board shall consider whether the application, if granted, will:

(1)

Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics;

(2)

Be in accordance with the Darby Township Comprehensive Plan;

(3)

Provide required parking in accordance with Part 13.

(4)

Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection and public schools.

(5)

Otherwise adversely affect the public health, safety or welfare.

Expiration of Special Exception and Variances. Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof.

Conditional Uses Where Specific Dimensional Standards Are Not Provided. In cases where this Zoning Code does not provide specific dimensional standards for uses permitted by special exception, the following general dimensional standards will be applied by the Board of Commissioners:

In residential districts, the area, bulk and any other applicable requirements shall be not less than those for single-family dwellings in that district or in the next more restrictive district in which single-family dwellings are permitted.

In nonresidential districts, the area, bulk and any other applicable requirements shall be not less than those for the use which requires the greatest dimensions in the applicable nonresidential district.

The governing body may require additional, reasonable but more stringent requirements than those required herein, provided that the Board of Commissioners makes one or more of the following determinations:

(1)

Insufficient to accommodate the proposed building, facility, or use, and that larger dimensional requirements would substantially alleviate that condition.

(2)

Insufficient to provide adequate area for parking and loading, as required by Part 13, and that larger dimensional requirements would substantially alleviate that condition.

(3)

Insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution and similar impacts, and that larger dimensional requirements would substantially alleviate that condition.

All parking requirements of Part 13 must be followed.

Regulations for Home Occupations. Home occupations with one employee shall be permitted in Residential Districts.

The occupation (or profession) shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the residential use of the dwelling.

Only one occupation per dwelling shall be permitted.

Not more than one person other than the resident shall be engaged as an employee or volunteer.

Not more than 25% of the gross floor area of the dwelling shall be used for the home occupation. Areas used for storage shall be included in this calculation.

No external alterations inconsistent with the residential use shall be permitted.

There shall be no display of materials or products visible from outside the dwelling.

No noise, vibration, smoke, glare or any other impact shall be noticeable at or beyond the property line.

There shall be no outdoor storage of equipment, materials or supplies.

Parking shall be provided subject to Part 13.

Deliveries from commercial suppliers may not be made more than once each week and shall not restrict traffic circulation.

A home occupation shall in no case be operated before 7:00 a.m. or after 10:00 p.m. Monday through Friday.

All home occupations shall be subject to periodic inspection by a local official.

A special exception shall not be granted when it appears to the Zoning Hearing Board that the proposed home occupation will constitute a fire hazard to neighboring residences, will adversely affect neighboring property value or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, odor, or other negative circumstances.