1254.06 STANDARDS FOR ZONING HEARING BOARD ACTION.
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 this Zoning Code inflict unnecessary hardship on the applicant.
(2) A variance from the terms of this Zoning Code 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 Code 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 Code 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 Zoning Code.
(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 signage.
C. That the proposed special exception will serve the best interest of the Township, and convenience of the community, and the public health, safety and welfare.
D. That the proposed use is consistent with the Aston Township 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 Chapter 1284.
(2) In cases where uses permitted by special exception are not accompanied by standards for such uses, the regulations in Section 1290.03 shall apply.
(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 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, noise, safety, aesthetics and the minimization of noxious, offensive or hazardous elements. Such special exception shall be clearly authorized by a provision 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.
(Ord. 662. Passed 2-21-90.)
(a) 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 that term is defined by law, including court decisions; and
(2) That the allowance of the variance will not be contrary to the public interest.
(b) 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.
(c) 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 Aston Township Comprehensive Plan;
(3) Provide required parking in accordance with Chapter 1284;
(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. (Ord. 662. Passed 2-21-90.)
1254.08 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.
(Ord. 662. Passed 2-21-90.)
(a) Appeals Before the Zoning Hearing Board and to Court. All appeals, applications, or challenges which properly come before the Board in accordance with the requirements of the Planning Code, and all appeals to court, shall be subject to the time limitations and requirements of Article X and any other applicable provision of said Code. The proceedings set forth in Article X of the Planning Code shall constitute the exclusive mode for securing review of any ordinance, decision, determination, or order of the Township Commissioners, its agencies or officers. Appeals to court shall be taken to the Court of Common Pleas of Delaware County.
(b) Parties Appellant Before Zoning Hearing Board. Appeals under Section 909.1 of the Planning Code and proceedings to challenge an ordinance under Section 909.1 may be filed with the Board in writing by the landowner affected, any office or agency of the Township, or person aggrieved. A request for a variance under Section 910.2 and for a special exception under Section 912.1 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
(c) Time Limitations. No persons shall be allowed to file any proceedings with the Board later than thirty (30) days after any application for development, preliminary or final, has been approved by the appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval he shall be bound by the knowledge of his predecessor in interest.
(d) Stay of Proceedings. Upon filing of any proceeding referred to in Section 913.3 of the Planning Code and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Code Enforcement Officer or of any agency or body, and all official action thereunder, shall be stayed unless the Code Enforcement Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice of the Code Enforcement Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit persons other than the applicant, the applicant may petition the court having jurisdiction over zoning appeals, to order such persons to post bond as a condition to continuing the proceedings before the Board. The question of whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court, as prescribed in Section 915.1 of the Planning Code. (Ord. 662. Passed 2-21-90.)
1991 Replacement