PRINTER'S NO. 2158
No. 1753 Session of 1999
INTRODUCED BY HENNESSEY, ARMSTRONG, CLARK, CORRIGAN, DALLY,
FARGO, FREEMAN, GEIST, McILHINNEY, MELIO, ROSS, SEYFERT,
E. Z. TAYLOR, TRELLO, WILT AND YOUNGBLOOD, JUNE 21, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 1999
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as amended, "An act to empower cities of the second class A,
3 and third class, boroughs, incorporated towns, townships of
4 the first and second classes including those within a county
5 of the second class and counties of the second through eighth
6 classes, individually or jointly, to plan their development
7 and to govern the same by zoning, subdivision and land
8 development ordinances, planned residential development and
9 other ordinances, by official maps, by the reservation of
10 certain land for future public purpose and by the acquisition
11 of such land; to promote the conservation of energy through
12 the use of planning practices and to promote the effective
13 utilization of renewable energy sources; providing for the
14 establishment of planning commissions, planning departments,
15 planning committees and zoning hearing boards, authorizing
16 them to charge fees, make inspections and hold public
17 hearings; providing for mediation; providing for transferable
18 development rights; providing for appropriations, appeals to
19 courts and penalties for violations; and repealing acts and
20 parts of acts," providing for governing body functions
21 relating to conditional uses.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 913.2 heading of the act of July 31, 1968
25 (P.L.805, No.247), known as the Pennsylvania Municipalities
26 Planning Code, reenacted and amended December 21, 1988
27 (P.L.1329, No.170) and amended December 18, 1996 (P.L.1102,
1 No.165), is amended and the section is amended by adding
2 subsections to read:
3 Section 913.2. Governing Body's Functions; Conditional Uses;
4 Variances Therewith.--* * *
5 (c) Where the governing body is considering an applicant's
6 request for a conditional use as prescribed in this section, the
7 governing body may consider requests for variances where it is
8 alleged that the provisions of the zoning ordinance inflict
9 unnecessary hardship upon the applicant. The governing body may
10 grant any variance so requested, provided that all of the
11 following findings are made where relevant in a given case:
12 (1) that there are unique physical circumstances or
13 conditions, including irregularity, narrowness, or
14 shallowness of lot size or shape, or exceptional
15 topographical or other physical conditions peculiar to the
16 particular property and that the unnecessary hardship is due
17 to such conditions and not the circumstances or conditions
18 generally created by the provisions of the zoning ordinance
19 in the neighborhood or district in which the property is
20 located.
21 (2) That because of such physical circumstances or
22 conditions, there is no possibility that the property can be
23 developed in strict conformity with the provisions of the
24 zoning ordinance and that the authorization of a variance is
25 therefore necessary to enable the reasonable use of the
26 property.
27 (3) That such unnecessary hardship has not been created
28 by the applicant.
29 (4) That the variance, if authorized, will not alter the
30 essential character of the neighborhood or district in which
19990H1753B2158 - 2 -
1 the property is located, nor substantially or permanently
2 impair the appropriate use or development of adjacent
3 property, nor be detrimental to the public welfare.
4 (5) That the variance, if authorized, will represent the
5 minimum variance that will afford relief and will represent
6 the last modification possible of the regulation in issue.
7 (d) In granting any variance under subsection (c), the
8 governing body may attach such reasonable conditions and
9 safeguards as it may deem necessary to implement the purposes of
10 this act and the zoning ordinance.
11 Section 2. This act shall take effect in 60 days.
F11L53DMS/19990H1753B2158 - 3 -