The purpose of this article is to provide standards and procedures for uses permitted by special exception. In these cases, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this chapter and those of the Municipalities Planning Code (MPC), Act 247.
Standards for 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 the ordinance 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 this 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 this 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. In any instance where the Board is required to consider a request for a special exception, the Board shall consider the factors listed below:
(1) That the proposed use is consistent with the statement of community development objectives of § 600-3 and the statement of purpose for the district in which the use is proposed.
(2) That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage and solid waste disposal, water supply, stormwater management, 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.
(3) That the proposed use is compatible with the character of the surrounding neighborhood, 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.
(4) That the proposed use will serve the best interest of the Township, convenience of the community and the public health, safety and welfare.
(5) That the proposed use is consistent with the most recent adopted Township Comprehensive Plan.
(6) That the proposed use promotes orderly development, proper population density and the provision of adequate community facilities and services, including police and fire protection.
(7) That the proposed use will provide for adequate off-street parking, as required in Article XVIII.
(8) That the proposed use will reflect effective site planning and design in terms of energy efficiency, environmental protection and aesthetic composition.
(9) Financial hardship shall not be construed as a basis for granting a special exception.
(10) 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 this 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. Such 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.
Standards of Proof
A. An applicant for a variance shall have the burden of establishing both:
(1) That a literal enforcement of the provisions of this chapter 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. An applicant for a special exception shall have the burden of establishing both:
(1) That his application falls within the provisions of this chapter 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 Multi-Municipal Comprehensive Plan for Aston, Lower Chichester and Upper Chichester Townships, 2005.
(3) Provide required parking in accordance with Article XVIII of this chapter.
(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.
Appeals before Zoning Hearing Board and to court
A. 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-A and any other applicable provision of said Code. The proceedings set forth in Article X-A 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. Requests for a variance under Section 910.2 and for a special exception under Section 912.1 may be filed with the Board by any such 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 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 or proceedings. Upon filing of any proceeding referred to in Section 913.3 of the Planning Code and during its tendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action there under shall be stayed unless the Zoning Officer or any other appropriate agency or body certified 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 buy the Board or by the court having jurisdiction of zoning appeals on petition after notice of the Zoning 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.
See also
Article XXV. To review permits, click on the "Get Application Forms" button.
Permits,forms, and applications are available for download
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