A.
The Zoning Hearing Board shall consist of three regular
members and one alternate member appointed by the Board of Commissioners.
The regular members of the present Zoning Hearing Board shall continue
to serve until the expiration of their appointed terms, and the Board
of Commissioners shall appoint successors on the expiration of their
respective terms to serve three years and shall fill any vacancy for
the unexpired term of any member whose office becomes vacant. The
first alternate member shall be appointed by the Board of Commissioners
at its next reorganization meeting following the enactment of this
ordinance,[1] and the term of said alternate member shall be for three
years thereafter. The Board shall thereafter appoint successors on
the expiration of the term of the alternate member and shall fill
any vacancy for the unexpired term of the alternate member whose office
becomes vacant. The members of the Zoning Hearing Board shall be removable
for cause by the Board of Commissioners upon written charges and after
a public hearing.
[Amended 12-17-2001 by Ord. No. 2001-15]
[1]
Editor's Note: The term " this ordinance"
refers to Ord. No. 2001-15.
B.
The word "Board," when used in this article, shall
mean the Zoning Hearing Board.
The Board shall have the following powers:
A.
Appeals and interpretations: to hear and decide appeals
where it is alleged there is an error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of this chapter. To interpret upon the words, terms, rules, regulations,
provisions and restrictions of this chapter, where there is doubt
as to the meaning thereof, including determination in specific instances
whether questionable uses are permitted by virtue of being similar
to, or customarily incidental to, permitted uses as provided by this
chapter.
B.
Special exceptions: to hear and decide special exceptions
to the terms of this chapter in such cases as are herein expressly
provided for, in harmony with the general purposes and intent of this
chapter, with power to impose appropriate conditions and safeguards.
C.
Variance: to authorize, upon appeal, in special cases,
such variance from the terms of this chapter that the Board shall
feel will not be contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of
this chapter will result in unnecessary hardship and so that the spirit
of this chapter shall be observed and justice done. The special circumstances
requiring a variance shall be fully set forth in the minutes of the
Board, which shall show the votes of each member upon each question.
An applicant for a special exception shall have
the burden of establishing to the satisfaction of the Zoning Hearing
Board:
In any instance where the Board is required
to consider an exception to or variance of the Zoning Ordinance in
accordance with the provisions of the chapter, the Board shall, among
other things:
A.
Consider the suitability of the property for the use
desired. Assure itself that the proposed change is consistent with
the spirit, purpose and intent of this chapter.
B.
Determine that the proposed change shall not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood, and that the use of the property adjacent
to the area included in the proposed change or plan is adequately
safeguarded.
C.
Determine that the proposed change will serve the
best interests of the Township, the convenience of the community,
where applicable, and the public welfare.
D.
Consider the effect of the proposed change upon the
logical, efficient and economical extension of public service and
facilities, such as public water, sewers, police and fire protection
and public schools.
E.
Consider the suitability of the proposed use with
respect to whether the use would materially increase traffic congestion
on the streets and assure adequate access arrangements in order to
protect streets from undue congestion and hazard.
[Amended 2-27-1989 by Ord. No. 89-1]
F.
Be guided in its study, review and recommendation
by the Township's standards of subdivision, where applicable.
G.
Impose such conditions, in addition to those required,
as are necessary to assure that the intent of the Zoning Ordinance
is complied with, which conditions may include, but are not limited
to, harmonious design of buildings, planting and its maintenance as
a sight or sound screen, the minimizing of noxious, offensive or hazardous
elements and adequate standards of parking and sanitation.
H.
Determine that there are special circumstances or
conditions fully described in the findings applying to the land or
buildings for which the variance is sought, which circumstances or
conditions are such that the application of the provisions of this
chapter would deprive the applicant of the reasonable use of such
land or building.
I.
Determine that the unique circumstances for which
the variance is sought were neither created by the owner of the property
nor were due to or the result of general conditions in the district
in which the property is located.[1]
[1]
Editor’s Note: Former Subsection J, regarding family
uses as special exceptions, as amended, which immediately followed
this subsection, was repealed ; 9-25-2017 by Ord. No. 2017-08.
In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or in part, or may modify the
order, requirement, decision or determination appealed from and may
make such additional order, requirement, decision or determination
as ought to be made and, to that end, shall have all the powers of
the officer from whom the appeal is taken.
The Board shall adopt rules and procedures in
accordance with the several provisions of this chapter as to the manner
of filing appeals or applications for special exceptions or for variance
from the terms of this chapter. All appeals and applications made
to the Board shall be in writing on forms prescribed by the Board.
Every appeal or application shall refer to the specific provision
of the ordinance involved and shall exactly set forth the interpretation
that is claimed, the use for which the special exception is sought,
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.
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, and keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the Board and shall be a public record.
Upon the filing with the Zoning Hearing Board
of an appeal or an application for a special exception or for variance
from the terms of this chapter, the Zoning Hearing Board shall fix
a reasonable time and place for a public hearing thereon pursuant
to Act 247, as amended:[1]
A.
By mailing or serving notice thereof to the parties
in interest.
B.
By mailing or serving notice thereof to the Township
Commissioners.
C.
When the Zoning Hearing Board shall so order, by mailing
or serving notice thereof to the owner or owners, if their residence
is known, or to the occupier or occupiers, of every lot on the same
street within 500 feet of the lot or building in question and of every
lot not on the same street within 150 feet of said lot or building
and to all contiguous property owners of the lot or building in question,
provided that failure to give notice required by this subsection shall
not invalidate any action taken by the Zoning Hearing Board.
D.
The notices herein required shall state the location
of the building or lot and the general nature of the question involved.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 12-19-2016 by Ord.
No. 2016-19]
Should a hearing on any appeal or application for a special
exception or variance, at the request of an applicant, be continued
beyond the time required for such hearing under the provisions of
the Municipalities Planning Code,[1] and should said continuance, at the request of the applicant,
continue for a period beyond six months from said required hearing
date, said appeal or application shall be deemed withdrawn.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 12-19-2016 by Ord. No. 2016-19]
A special exception or variance shall expire if the applicant fails to obtain a building permit within one year of the date of authorization thereof and shall thereafter be subject to expiration in accordance with § 195-48.
Any persons aggrieved by the decision of the
Board may, within 30 days thereafter, appeal to the Court of Common
Pleas of Montgomery County by petition duly verified, setting forth
the grounds upon which said appeal is taken.
Application to the Zoning Hearing Board shall
be accompanied by a cash payment to the Township Zoning Officer in
accordance with a fee schedule adopted by resolution of the Board
of Commissioners following the enactment of this chapter or as such
schedule may be amended from time to time. Said resolution may provide
for the payment of a sum, in addition to the fee, to cover the cost
of a stenographic record of hearings.
