(1) The Zoning Board of Adjustment shall consider the
following criteria in granting a variance under §
14-1801(1)(c):
(a) that because of the particular physical surrounding,
shape, or topographical conditions of the specific structure or land involved, a
literal enforcement of the provisions of this Title would result in unnecessary
hardship;
(b) that the conditions which the appeal for a variance is
based are unique to the property for which the variance is
sought;
(c) that the variance will not substantially or permanently
injure the appropriate use of adjacent conforming property;
(d) that
the special conditions or circumstances forming the basis for the variance did
not result from the actions of the applicant;
(e) that the grant of the
variance will not substantially increase congestion in the public
streets;
(f) that the grant of the variance will not increase the
danger of fire, or otherwise endanger the public safety;
(g) that the
grant of the variance will not overcrowd the land or create an undue
concentration of population;
(h) that the grant of the variance will
not impair an adequate supply of light and air to adjacent
property;
(i) that the grant of the variance will not adversely affect
transportation or unduly burden water, sewer, school, park or other public
facilities;
(j) that the grant of the variance will not adversely
affect the public health, safety or general welfare;
(k) that the grant
of the variance will be in harmony with the spirit and purpose of this Title,
and
(l) that the grant of the variance will not adversely affect in a
substantial manner any area redevelopment plan approved by City Council or the
Comprehensive Plan for the City approved by the City Planning
Commission.
(2) In addition to the criteria set forth in §
14-1802(1), the Zoning Board of Adjustment shall also consider the following
criteria when granting a variance under § 14-1801(1)(c):
(a) that
the grant of the variance will not create any significant environmental
damage;
(b) that the grant of the variance will not significantly
increase the danger of flooding;
(c) that the grant of the variance
will not cause erosion, siltation or pollution that are
significant;
(d) that the applicant will take reasonable means to
minimize environmental damage during construction;
(e) that the
applicant in developing the site will use reasonable countermeasures in order
that the completed project will not create significant environmental
damage;
[441] (f) that because of the
particular physical surroundings, shape, or topographical conditions of the
specific structure or land involved, a literal enforcement of the provisions of
this Title would result in unnecessary
hardship;
[442] (g) that the
conditions upon which the appeal for a variance is based are unique to the
property for which the variance is
sought;
[443] (h) that the variance
will not substantially or permanently injure the appropriate use of adjacent
conforming property.
[444] (3) Where
the property in question is situated within areas subject to flooding as
provided in Section 14-1606, relating to Flood Plain Controls, the Zoning Board
of Adjustment shall consider the following criteria when granting a variance
under Section
14-1801(1)(c):
[445] (a) Within the
Floodway. No variances may be issued which would result in any increase in flood
levels during the Regulatory Flood.
(b) Within the Floodway
Fringe:
(.1) that the grant of the variance will not significantly
increase the danger of flooding.
(.2) that the grant of the variance
will not endanger the loss of property, or the public health, safety or
welfare.
(4) Where the property in question is situated within an area
subject to the "Benjamin Franklin Parkway Controls," as provided in Section
14-1611, the Zoning Board of Adjustment shall consider the following criteria
when granting a variance under Section 14-1801(1)(c):
(a) that the
grant of the variance will not substantially alter historic views of the City
Hall Tower or the Center City skyline; and,
(b) that no variance shall
be granted to allow additional height in the case of an application which also
requests a variance to exceed the permitted gross floor
area.
[446] (5) Where the property in
question is situated within an area subject to the "Center City Height Controls"
as provided in Section 14-1609, the Zoning Board of Adjustment shall consider
the following criteria when granting a variance under Section
14-1801(1)(c):
(a) that the grant of the variance will not
substantially alter historic views of the City Hall Tower or the Center City
Skyline; and,
(b) that no variance shall be granted to allow additional
height in the case of an application which also requests a variance to exceed
the permitted gross floor
area.
[447] (6) In the granting a
variance relating to the construction of wireless service towers, the Zoning
Board of Adjustment shall consider all of the following criteria in addition to
the other applicable criteria set forth in this §
14-1802:
[448] (a) Evidence of the
lack of space on suitable existing towers, buildings or other structures to
co-locate the proposed antenna, cells, microcells and the lack of space on
existing tower sites to construct a tower for the proposed antenna within the
service area;
(b) Whether the wireless service provided will be unable
to provide wireless services without the tower site;
(c) Whether the
application represents a request for multiple use of a tower or site, or use on
a site contiguous to an existing tower site;
(d) Whether the
application contains a report that other potential users of the site and tower
have been contacted, and they have no current plans, to the best of their
ability to determine, that could be fulfilled by joint use;
(e) Whether
the application shows how the tower or site will be designated or laid out to
accommodate future multiple users. Specific design features evaluated shall
include but not be limited to height, wind loading, and coaxial cable capacity;
and
(f) Whether the proposed tower is to be located in an area where it
would be unobtrusive and would not substantially detract from aesthetic or
neighborhood character or property values, due either to location, shape of the
tower (such as an imitation pine tree tower) or to the nature of surrounding
uses (such as industrial use), or to lack of visibility caused by natural
growth, landscaping or other factors.
(g) Anything in § 14-1802 to
the contrary not withstanding, for purposes of wireless service towers only,
hardship sufficient for the granting of a
variance
[449] shall include the effect upon
the applicant's ability to provide wireless service.
(7) The
provisions of paragraphs (2), (3), (4), (5), and (6) shall be in addition to the
criteria set forth in paragraph
(1).
[450] (8) The applicant shall
have the duty of presenting evidence relating to the criteria set forth
herein.
[451]