Requirements and procedures. The Board shall
conduct hearings and make decisions in accordance with the following
requirements:
A. Upon the filing with the Board of an appeal, an application for a special exception, a variance from the terms of this chapter or a challenge, the Board shall fix a time and place for a public hearing thereon, subject to the provisions of the Planning Code, and shall give notice thereof in accordance with §
311-107 of this chapter.
B. The Board may establish reasonable fees, based on
cost, to be paid by the applicant and by persons requesting any notice
not required by this chapter.
C. The parties to the hearing shall be the Borough, any
person affected by the application who has made timely appearance
of record before the Board, and any other person, including civic
or community organizations permitted to appear by the Board.
D. The Chairman or acting Chairman of the Board, or the
hearing officer presiding, shall have power to administer oaths and
issue subpoenas to compel the attendance of witnesses and the production
of relevant documents and papers, including witnesses and documents
requested by the parties.
E. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and to cross-examine adverse witnesses on all relevant issues.
At the hearings, any party may appear in person, or by agent, or by
attorney.
F. The Board or the hearing officer shall not communicate,
directly or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda or other materials unless the parties are
afforded an opportunity to contest the material so noticed; and shall
not inspect the site or its surroundings with any party or his representatives
unless all parties are given an opportunity to be present.
Notice of hearing. In any case where the Board
shall hold a public hearing, the Board shall, at the minimum, give
notice of such hearing as follows, which notice shall state the time
and the place of the hearing and the particular nature of the matter
to be considered at the hearing:
A. By publishing a notice thereof once each week for
two successive weeks in a newspaper of general circulation in the
Borough, provided that the first publication shall be not more than
30 or less than 14 days from the date of the hearing.
B. By mailing or delivering due notice thereof to the
applicant and other parties in interest, who shall be at least those
persons whose properties adjoin the property in question, or be within
a two-hundred-foot radius of the property in question.
C. By mailing or delivering notice thereof to Borough
Council, the Borough Secretary and the Code Enforcement Officer.
D. By conspicuously posting notice of said hearing on
the affected tract of land.
In any instance where the Zoning Hearing Board
is required to consider a variance or special exception, the Board
shall, among other things, consider the following standards:
A. Planning Code criteria for variances.
(1) The Board shall hear requests for variances where
it is alleged that the provisions of the chapter inflict unnecessary
hardship on the applicant.
(2) A variance from the terms of this chapter shall not
be granted by the Board unless and until a written application for
a variance is submitted by the applicant who shall have the burden
of establishing:
(a)
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 chapter in the neighborhood
or district in which the property is located.
(b)
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 the zoning chapter and
that the authorization of the variance is therefore necessary to enable
the reasonable use of the property.
(c)
That such unnecessary hardship has not been
created by the applicant.
(d)
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.
(e)
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.
(3) In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of the Planning Code and this chapter.
B. Standards for review of special exceptions.
(1) 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:
(a)
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.
(b)
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 signing.
(c)
That the proposed special exception will serve
the best interest of the Borough, the convenience of the community,
and the public health, safety and welfare.
(d)
That the proposed use is consistent with the
Media Borough Comprehensive Plan.
(e)
That the proposed use promotes orderly development,
proper population density, and the provision of adequate community
facilities and services, including police and fire protection.
(f)
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.
(g)
That the proposed use will provide for adequate off-street parking, as required in Article
XIII.
(2) In cases where uses permitted by special exception
are not accompanied by standards for such uses, the following standards
shall apply:
(a)
In residential districts, the area and bulk
regulations shall be not less than those for single-family detached
dwellings in the applicable residential district.
(b)
In nonresidential districts, the area and bulk
regulations shall be not less than those for the use which requires
the greatest dimensions in the applicable nonresidential districts.
(c)
The Zoning Hearing Board may require more stringent but reasonable dimensional standards than those listed in Subsection
B(2)(a) and
(b) above, provided that the Board makes one or more of the following three determinations:
[1]
That the required standards [as noted in Subsection
B(2)(a) and
(b) above] are clearly insufficient to accommodate the proposed building, facility or use, and that larger dimensional requirements would substantially alleviate that condition.
[2]
That the required standards are clearly insufficient to provide adequate area for parking and loading, as required by Article
XIII, and that larger dimensional requirements would substantially alleviate that condition.
[3]
That the required standards are clearly insufficient
in providing 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.
(3) Financial hardship shall not be construed as a basis
for granting special exceptions.
(4) In granting any special exception, the Board may attach
reasonable conditions and safeguards in addition to those expressed
in this chapter as it may deem necessary to implement the purposes
of the Planning Code and the chapter, which conditions and safeguards
may relate to, but not be limited to, screening, lighting, noise,
safety, aesthetics and the minimization of noxious, offensive or hazardous
elements. Each special exception shall be clearly authorized by a
provision in this chapter and shall comply with the more specific
standards relating to such special exception contained in sections
of this chapter relating to uses by special exception.
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.