[Ord. 1352-08, 5/5/2008]
The provisions of the Pennsylvania Municipalities Planning Code,
as amended, shall apply in regard to the creation of the Board, the
membership of the Board, the removal of Board members, the organization
of the Board and expenditures for services (53 P.S. § 10101
et seq.).
[Ord. 1352-08, 5/5/2008]
1.
Requirements and Procedures. The Board shall conduct hearings and
make decisions in accordance with the provisions of the Pennsylvania
Municipalities Code, as amended (53 P.S. § 10101 et seq.).
2.
Notice of Decision. The Board or the hearing officer, as the case
may be, shall render a written decision or, when no decision is called
for, make written findings on the application in accordance with the
provisions of the Pennsylvania Municipalities Planning Code, as amended
(53 P.S. § 10101 et seq.).
[Ord. 1352-08, 5/5/2008]
The Zoning Hearing Board shall have the powers and duties in
accordance with the provisions of the Pennsylvania Municipalities
Planning Code, as amended (53 P.S. § 10101, et seq.), including
hearing and deciding appeals, hearing and granting variances, and
hearing and deciding special exceptions. All requests for variances
and special exceptions will first be sent by the Board to the Gettysburg
Planning Commission for review and recommendation.
[Ord. 1352-08, 5/5/2008]
In any instance where the Zoning Hearing Board is required to
consider a special exception or variance in accordance with the provisions
of this Part, the applicant shall provide evidence to allow the Board
to, among other things, consider the following standards. The 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.
For Variances:
(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.
(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.
(6)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of the Pennsylvania Municipalities Planning Code and this
chapter.
B.
For Special Exceptions:
(1)
The applicant shall provide evidence to indicate to the Zoning
Hearing Board that:
(a)
The proposed use is consistent with the purpose of the Part
whereby it is permitted and the overall purposes contained in Part
1.
(b)
The proposed use and its location are generally consistent with
the Comprehensive Plan and the current Gettysburg Borough Zoning Map.
(c)
The proposed use complies with the lot requirements and the
building height of the district where it is proposed.
(d)
The proposed use is consistent with the general and supplemental
regulations set forth in Part 15, and the design standards of Part
19.
(e)
The proposed use will not substantially injure or detract from
the use of neighboring property or from the character of the neighborhood
and that the use of the adjacent property is adequately safeguarded.
Further, the proposed use, located on the proposed property, with
the present and proposed characteristics of each, and considering
the present and proposed characteristics of the neighboring properties,
will not cause negative impacts over and above those typically associated
with such uses located and operated in a usual manner.
(f)
The proposed use will provide a fence or a planting screen and/or
additional yard or open space area to reduce the effect of the proposed
use upon adjacent properties.
(g)
The proposed use will promote preservation or adaptive reuse of the sites and structures identified by the Local Historic District Regulations [Chapter 11].
(h)
The proposed use complies with the required off-street parking
and loading regulations in Part 13.
(i)
The proposed use will provide safe and adequate access to streets
and that the applicant will make any improvements needed to guarantee
compatibility with adjacent streets as recommended by the Borough
Engineer.
(j)
The proposed use will provide for pedestrian access to the site.
(k)
The proposed use will not adversely affect public facilities
and utilities, such as water, sewer, police and fire protection, schools,
etc.
(2)
The Zoning Hearing Board may attach reasonable conditions as
it deems necessary to assure compliance with this chapter.
