Powers and duties of the Board:
Special exceptions. To hear and decide special exceptions to the terms of this chapter, in such cases as are herein expressly provided for, with power to impose appropriate conditions and safeguards
Variances.
(a) 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 Code Enforcement Officer. The Board may grant a variance, provided that all of 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.
[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.
(b) 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.
The Board will decide on special exceptions and/or variances required on applications for land development and/or subdivision only after the application for land development and/or subdivision has been reviewed by the Marple Township Planning Commission.
Burden of proof for special exceptions. An applicant for a special exception shall have the burden of establishing:
(1) That his application falls within the provisions of the article that accords to an applicant the right to seek a special exception.
(2) That allowance of the special exception will not be contrary to the public interest.
Burden of proof for variances. An applicant for a variance shall have the burden of establishing:
(1) That a literal enforcement of provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions.
(2) That allowance of the variance will not be contrary to the public interest.
Procedures. The Board shall adopt rules of procedure for filing appeals or applications for special exceptions or variances. All appeals and applications shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed. The use for which the special exception is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
Notice of decision. The nature of any special exception or variance authorized by the Zoning Hearing Board and any conditions attached thereto shall be recorded on a notice of decision. All such decisions and conditions are enforceable in the same manner as other provisions of this chapter.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record.
Technical assistance. The Zoning Hearing Board, in considering any matter within its jurisdiction, may consult with the Marple Township Planning Commission, other municipal boards and commissions, the Delaware County Planning Department or any other specialist or groups of specialists having expert knowledge of the matter under consideration.
Expiration of special exceptions 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 12 months of the date of the granting of the special exception or variance.
