A.
In accordance with Article IX of the Pennsylvania
Municipalities Planning Code,[1] a Zoning Hearing Board (hereinafter referred to as the
"ZHB") shall be appointed and organized. This ZHB shall hold meetings,
keep minutes and, pursuant to notice, conduct hearings, compel the
attendance of witnesses, take testimony under oath and render decisions,
all as required by law. For filing of any appeal or proceeding with
the ZHB, a fee shall be charged in accordance with the schedule.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Except as provided in the Pennsylvania Municipalities
Planning Code, the ZHB shall have no power to pass upon the validity
of any provision of an ordinance or map adopted by the Supervisors.
Any person or Township official aggrieved or
affected by any provision of this chapter or by any decision of the
Zoning Officer may appeal to the Board within 30 days, as provided
by rules of the ZHB, by filing a notice of appeal specifying the grounds
thereof. The ZHB shall have the power to hear and decide appeals from
any order, requirement, decision, grant, or refusal made by the Zoning
Officer in the administration of this chapter. All appeals and applications
made to the ZHB shall be in writing on forms prescribed by the Board
of Supervisors.
A.
Every appeal or application shall refer to the specific
provision of the ordinance involved, and shall set forth exactly the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance which should be granted.[1]
B.
The hearings shall be conducted in accordance with
Section 908 of the Pennsylvania Municipalities Planning Code.[2] The ZHB may appoint any member as a hearing officer. The
decision or, where no decision is called for, the findings, shall
be made by the ZHB, but the parties may waive decision of findings
by the ZHB and accept the decision of the hearing officer as final.
[2]
Editor's Note: See 53 P.S. § 10908.
C.
Where the ZHB has jurisdiction over a zoning matter,
it shall also hear all appeals which an applicant may elect to bring
before it with respect to any Township ordinance or requirement pertaining
to the same development plan or development. In any such case, the
ZHB shall have no power to pass upon the nonzoning issues, but shall
take evidence and make a record thereon, as provided in Section 908
of the Planning Code. At the conclusion of the hearing, the ZHB shall
make findings on all relevant issues of fact which shall become part
of record on appeal to court.
In accordance with Section 910.2 of the Pennsylvania
Municipalities Planning Code,[1] the ZHB, upon appeal, shall have power to authorize variances
from the provision of this chapter. The applicant must provide evidence
to the ZHB of the need for the variance based upon the following criteria:
A.
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 provision of this chapter in the neighborhood or district
in which the property is located.
B.
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.
C.
That such unnecessary hardship has not been created
by the appellant.
D.
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.
E.
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.
[1]
Editor's Note: See 53 P.S. § 10910.2.
The ZHB shall have the power to authorize changes
of lawful nonconforming uses as follows in accordance with this chapter.
A.
A nonconforming use, which occupies a portion of a
structure or premises, may be extended within such structure or premises
as they existed when the provision to prohibit the use took effect,
but not in violation of the area and yard requirements of the district
in which structure or premises is located.
B.
The ZHB may impose such conditions as it deems necessary
for the protection of adjacent property and public interest. No changes
of a nonconforming use shall entail structural alterations beyond
those required by law for the purpose of safety and health.
Any person aggrieved by any decision of the
ZHB, or any taxpayer of the Township of Kilbuck, may within 30 days
after notice of such decision of the Board appeal in accordance with
the Pennsylvania Municipalities Planning Code.
