The following sections of the Wyomissing Zoning Ordinance are provided for reference only:
Section 902.D. Variances
To authorize, upon appeal in specific cases, such variance(s) from the terms of this chapter of the Zoning Ordinance as will not be contrary to public interest, where a literal enforcement of the provisions of this chapter of the Zoning Ordinance will result in unnecessary hardship. In granting any variance the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter of the Zoning Ordinance and the Pennsylvania Municipalities Planning Code, as amended. 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 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 condition, and not circumstances or conditions generally created by the provisions of this chapter of the Zoning Ordinance 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 of the Zoning Ordinance 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 applicant.
(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 as granted by the Board is the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(6) Such other considerations as may be set forth in the Pennsylvania Municipalities Planning Code from time to time.
Section 902.E. Special Exceptions
To issue, upon application, only such special exceptions which the Board by the provisions of this chapter of the Zoning Ordinance is specifically authorized to issue. The granting of a special exception when specifically authorized by the terms of this chapter of the Zoning Ordinance shall be subject to the following standards and criteria. The applicant for a special exception shall demonstrate, as a condition to approval of his or her application, compliance with these criteria and those criteria specified elsewhere in this Ordinance for the use in question.
(1) Such use shall be one which is specifically authorized as a Special Exception Use in the zoning district wherein the applicant seeks a special exception.
(2) Such special exception shall only be granted subject to any applicable condition and safeguards as required by this chapter of the Zoning Ordinance.
(3) Such use shall not adversely affect the character of the general neighborhood, nor the
conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood, nor the reasonable use of neighboring properties. The use of adjacent properties shall be adequately safeguarded.
(4) Such use shall be of such size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the general neighborhood.
(5) Services and utilities such as public water, sanitary sewers, and storm water drainage shall be made available to adequately service the proposed use by the applicant.
(6) Control development of highway frontage so as to limit the number of points for ingress and egress, their location with due regard to safety factors, and encourage, where practicable, frontage of buildings and structures upon parallel marginal roads or on roads perpendicular to the highway.
(7) Consider the desirability of the proposed location of an industrial or commercial use with respect to probable effects upon street or highway traffic, and assure adequate access arrangements to protect against undue traffic congestion and hazard.
(8) Consider such other considerations as may be set forth in the Pennsylvania Municipal Planning Code from time to time.
In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter of the Zoning Ordinance, as it may deem necessary to implement the purposes of this chapter of the Zoning Ordinance and the Pennsylvania Municipalities Planning Code, as amended, which conditions may include but are not limited to harmonious design of buildings, planting and maintenance of shrubbery or trees as a sight and/or sound barrier, and the minimizing of potentially noxious, offensive or hazardous elements.
To exercise any other power specifically granted to the Board under the terms of this chapter of the Borough of Wyomissing Zoning Ordinance or Pennsylvania Municipalities Planning Code, as amended.
Section 904. Expiration of Special Exceptions and Variances
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to implement the proposed use or commence construction within twelve (12) months from the date of authorization of the special exception or variance, unless an extension is granted by the Zoning Officer.
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