[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.
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.
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.
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.
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.
