STATUTORY REFERENCES
Power to adopt and enforce zoning ordinances — See
53 P.S. § 66517.
General provisions and definitions — See
53 P.S. § 10101 et seq.
[Ord. 223. Passed 12-10-1985; Ord. 314. Passed 2-21-1995]
(a)
The governing body may appoint by resolution at least
one but no more than three residents of the municipality to serve
as alternate members of the Board. The term of office of an alternate
member shall be three years. When seated pursuant to the provisions
of § 906 of the Municipalities Planning Code, an alternate
shall be entitled to participate in all proceedings and discussions
of the Board to the same and full extent as provided by law for Board
members, including specifically the right to cast a vote as a voting
member during the proceedings, and shall have all the powers and duties
set forth in this act and as otherwise provided by law. Alternates
shall hold no other office in the municipality, including membership
on the Planning Commission or Zoning Officer. An alternate may participate
in any proceeding or discussion of the Board but shall not be entitled
to vote as a member of the Board nor be compensated pursuant to § 907
of the Municipalities Planning Code unless designated as a voting
alternate member pursuant to § 906 of the Municipalities
Planning Code of the act.
(b)
The Board of Supervisors shall appoint a Zoning Hearing
Board consisting of three members, as provided by law. A member of
the Zoning Hearing Board may be removed for cause by the Board of
Supervisors upon written charges and after a public hearing scheduled
not less than 30 days after the member has received notice of the
charges.
[Ord. 223. Passed 12-10-1985]
The Zoning Hearing Board shall have the following
powers and duties:
(a)
Appeals. To hear and decide appeals where it is alleged
that there is an error in any order, requirement, decision or determination
made by the Township Code Official in the enforcement of this Zoning
Code.
(b)
Special Exceptions. To hear and decide special exceptions
to the terms of this Zoning Code, in such cases as are herein expressly
provided for, in harmony with the general purposes and intent of this
Zoning Code, with the power to impose appropriate conditions and safeguards.
(c)
Variances. To authorize, on appeal, in accordance
with the law, variances from the terms of this Zoning Code.
(d)
Challenges to Validity. To hear all challenges wherein
the validity of this Zoning Code or the Zoning Map presents any issue
of fact or of interpretation not hitherto properly determined at a
hearing before another competent agency or body, to take evidence
and make a record thereon as hereinafter provided and thereafter to
decide all contested questions of interpretation and make findings
on all relevant issues of fact which shall become part of the record
on appeal to a court.
[Ord. 223. Passed 12-10-1985]
In any instance where the Zoning Hearing Board is required to consider any of those matters itemized in Section 1252.02, the Board shall act in accordance with the following:
(a)
Special Exceptions. The Board may grant approval of
a special exception, provided that the following standards and criteria
are complied with by the applicant for the special exception. The
burden of proof rests with the applicant.
(1)
The applicant shall establish, by credible evidence,
that the special exception or other subject of consideration for approval
complies with the intent of this Zoning Code.
(2)
The applicant shall establish, by credible evidence,
compliance with all conditions of the special exception enumerated
in that section which gives the applicant the right to seek a special
exception.
(3)
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval shall not adversely affect neighboring land uses in any
way and shall not impose upon its neighbors in any way, but rather
shall blend in with them in a harmonious manner.
(4)
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be properly serviced by all existing public service
systems. The peak traffic generated by the subject of the approval
must be accommodated for in a safe and efficient manner, or improvements
must be made in order to effect the same. Similar responsibility must
be assumed with respect to other public service systems, including
but not limited to police protection, fire protection, utilities,
parks and recreation.
(5)
The applicant shall establish, by credible evidence,
that the proposed special exception or other subject of consideration
for approval will be in and of itself properly designed with regard
to internal circulation, parking, buffering and all other elements
of proper design.
(6)
The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate that compliance with the
permitted uses or other regulations, as may be the subject of consideration
for a special exception approval, is unreasonable or inappropriate
for the instance at hand.
(7)
The Board shall impose such conditions as are
necessary to ensure compliance with the purpose and intent of this
Zoning Code, which conditions may include plantings and buffers, harmonious
design of buildings and the elimination of noxious, offensive or hazardous
elements.
(b)
Variances. The Board may grant variances, provided
that the following findings are made, where relevant:
(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 conditions and not the circumstances or conditions
generally created by this Zoning Code 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 this Zoning Code, 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, substantially or permanently impair the appropriate
use or development of adjacent property or be detrimental to the public
welfare; and
(5)
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.
|
In granting any variance, the Board shall attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of the law and this Zoning Code.
|
[Ord. 223. Passed 12-10-1985]
In exercising the powers set forth in this chapter,
the Zoning Hearing 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 as may be pertinent or germane,
and, to that end, shall have all the powers of the officer from whom
the appeal is taken.
[Ord. 223. Passed 12-10-1985]
The Zoning Hearing Board shall adopt rules of
procedure consistent with the requirements of this Zoning Code as
to the manner of filing appeals or applications for special exceptions
or for variances from the terms of this Zoning Code. 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 this Zoning Code involved and shall specifically 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.
[Ord. 223. Passed 12-10-1985]
Meetings of the Zoning Hearing Board shall be
held monthly as scheduled by the Chairperson of the Board and at such
other times as the Board may determine. The Chairperson or, in his
or her absence, the Acting Chairperson, 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 shall keep records of its examinations
and other official actions, all of which shall be promptly filed in
the Township administrative office and shall be a public record.
[Ord. 223. Passed 12-10-1985]
The Zoning Hearing Board shall render a written
decision or, when no decision is called for, make written findings
on an application within 45 days after the last hearing on the application
before the Board. Such decision shall be noted in the minutes of the
next meeting of the Board. Notice of such decision shall be given
to all parties in interest immediately after its announcement. For
purposes of this section, parties in interest shall be limited to
the applicant and any Township resident who indicates by completing
an appropriate form provided by the Board, his or her desire to receive
notice of the Board's decision.
[Ord. 223. Passed 12-10-1985]
In considering any matter within its jurisdiction,
the Zoning Hearing Board may consult with the Township Planning Commission,
the County Planning Commission or any other specialist or group of
specialists having expert knowledge of the matter under consideration,
but need not be bound thereby. Where the Board is considering an application
for a special exception, the Secretary of the Board shall, at least
10 days before the date of the hearing, transmit to the Township Planning
Commission a copy of the notice of hearing and other information as
may have been furnished by the applicant or the Township Code Official.
[Ord. 223. Passed 12-10-1985; Ord. 314. Passed 2-21-1995]
Upon the filing with the Zoning Hearing Board
of an application for a special exception, variance, appeal from a
decision of the Township Code Official or challenge to the validity
of any of the provisions of this Zoning Code or the Zoning Map, the
Board shall fix a reasonable time and place for a public hearing thereon
and shall give seven days notice as follows:
(a)
By publishing a notice in a newspaper of general circulation
published or circulated in the Township;
(b)
By mail or personal service to the parties in interest;
(c)
By mail or personal service to the Board of Supervisors;
(d)
By mail or personal service to the owner, if his or
her residence is known, or to the occupier, 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 such lot or building;
(e)
By posting a notice on the building or lot;
(f)
By mailing a notice to every resident or residents'
association registered for the purpose, provided that such registration
shall be valid only during the calendar year in which it is filed;
and
(g)
By mailing a notice to the Planning Commission.
|
The notices herein required shall state the
location of the building or lot and the general nature of the question
involved. The advertising requirements set forth in this section shall
not apply to continued or additional hearings on a single application,
provided that a date certain for the continued or additional hearing
is announced to those persons present at the hearing which is immediately
prior to the additional or continued hearing.
|
[Ord. 233A. Passed 6-18-1987; Ord. 314. Passed 2-21-1995]
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of the order of the Board or court granting such special
exception or variance. In those instances where land development/subdivision
approval is a necessary prerequisite prior to obtaining a building
permit, the special exception or variance shall expire if the applicant
fails to make a diligent effort to obtain such approval within six
months following the date of approval. Upon receipt of land development
approval, the special exception or variance shall expire if a building
permit is not obtained within six months of the date of land development
approval.
[Ord. 223. Passed 12-10-1985]
Any person aggrieved by any decision of the
Zoning Hearing Board, any taxpayer or any officer of the Township
may, within 30 days after any decision of the Board, appeal to the
Court of Common Pleas of the County by petition in such form as may
be prescribed or authorized by law.
[Res. 85-20. Passed 5-22-1985]
The fee schedule provided for in Section 208.03(b)
of the Administration Code is hereby adopted.
