[Ord. No. 793,
§ 1, 3-13-1978; Ord. No. 872, § 1, 3-8-1982; Ord.
No. 1036, § 2(A), 4-23-1990]
There shall be a zoning hearing board shall consist of five
(5) members who shall be appointed by the township council. The terms
of office shall be five (5) years and shall be so fixed that the term
of office of not more than one member shall expire each year. Council
shall fill any vacancy for the unexpired term of a member who shall
leave the board for any reason. Members of the zoning hearing board
may be removed in accordance with section 905 of the Municipalities
Planning Code. The word "board," as used in this article, shall mean
the zoning hearing board. Council may appoint by resolution at least
one but not more than three (3) residents of the township to serve
as alternate members of the board. The term of office an alternate
member shall be three (3) years.
[Ord. No. 605,
§ 1, 11-9-1970]
The Board shall have the following powers:
A.
Appeals. To hear and decide appeals where it is alleged there is
error in any order, requirement, decision or determination made by
the Zoning Officer in the enforcement of this Ordinance.
B.
Special Exceptions. To authorize, upon application, special exceptions
to the terms of this Ordinance in such cases as are herein expressly
provided for, in harmony with the general purpose and intent of this
Ordinance, with power to impose appropriate conditions and safeguards.
C.
Variances. To authorize, upon appeal, in specific cases such variances
from the terms of this Ordinance as will not be contrary to public
interest, where owing to special conditions a literal enforcement
of the provisions of this Ordinance will result in unnecessary hardship,
and so that the spirit of this Ordinance shall be observed and substantial
justice done. In exercising the above mentioned powers, the Board
may reverse or affirm, wholly or partly, or may modify, the order,
requirement, decision or determination appealed from, and may make
such order, requirement, decision or determination as ought to be
made. Notice of such decision shall forthwith be given to all parties
in interest.
D.
Standards of Proof.
1.
An applicant for a special exception shall have the burden of establishing
both:
2.
An applicant for a variance shall have the burden of establishing
both:
3.
In determining whether the allowance of a special exception or a
variance is contrary to the public interest, the Board shall consider
whether the application, if granted, will:
(a)
Substantially increase traffic congestion in the streets;
(b)
Increase the danger of fire or panic or otherwise endanger the
public safety;
(c)
Overcrowd the land or create an undue concentration of population;
(d)
Impair an adequate supply of light and air to adjacent property;
(e)
Be consistent with the surrounding zoning and uses;
(f)
Adversely affect the comprehensive plan of the Township;
(g)
Unduly burden water, sewer, school, park or other public facilities;
(h)
Be detrimental to the appropriate use of adjacent property;
or
(i)
Endanger the safety of persons or property by improper location
or design of facilities for ingress or egress; or
(j)
Otherwise adversely affect the public health, safety morals
or general welfare.
4.
In all cases the applicant's burden of proof shall include the duty
of presenting credible evidence sufficient to persuade the Board that
applicant has satisfied the criteria set forth in subparagraphs D.1.(a)
and D.2.(a) of this section. In any case where (i) the Board requests
that the applicant produce evidence relating to the criteria set forth
in subparagraph D.3. of the section, or (ii) any other party opposing
the application shall claim that an allowance of the application will
have any of the effects listed in subparagraph D.3. of this section,
the applicant's burden of proof shall include the burden of presenting
credible evidence sufficient to persuade the Board that allowance
of a special exception or variance will not be contrary to the public
interest with respect to the criteria so placed in issue.
The Board shall adopt Rules of Procedure in accordance with
the several provisions of this Ordinance as to the manner of filing
appeals, applications for special exceptions, and appeals for variances
from the terms of this Ordinance, and as to the conduct of the business
of the Board.
Meetings of the Board shall be held at the call of the chairman
and at such other 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 a member is absent
or fails to vote, indicating such fact and shall keep records of its
examination and other official actions all of which shall be immediately
filed with the Township Secretary and shall be a public record.
[Ord. No. 793,
§§ 1, 10, 3-13-1978]
An appeal to the Board may be taken by any person, including
any officer of the Township in his official capacity, aggrieved or
affected by any decision of the Zoning Officer. Such appeal shall
be taken within thirty (30) days of the decision of the Zoning Officer
by filing with him and with the Zoning Hearing Board a notice of appeal
specifying the grounds therefor. The Zoning Officer shall forthwith
transmit to the Board all papers constituting the record upon which
the action appealed from was taken.
An application for a special exception or an appeal for a variance
from the terms of this Ordinance may be filed with the Board, and
shall state:
1.
The name and address of the applicant;
2.
The name and address of the owner of the real estate to be affected
by the proposed exception or variance;
3.
A brief description and location of the real estate to be affected
by such proposed change;
4.
A statement of the present zoning classification of the real estate
in question, the improvements thereon, and the present use thereof;
5.
A statement of the section of this Ordinance under or from which
the exception or variance requested may be authorized, and reasons
why it should be granted;
6.
A reasonably accurate description of the present improvements and
the additions intended to be made under the application, if any, indicating
the size of such proposed improvements, material, and general construction
thereof;
7.
There shall be attached a plot plan of the real estate to be affected,
indicating the location and the size of the lot and the location and
the size of improvements now erected and proposed to be erected thereon.
[Ord. No. 793,
§ 1, 3-13-1978; Ord. No. 1036, § 2, 4-23-1990]
Upon the filing with the Board of an appeal or of an application
for a special exception or of an appeal for a variance, the Board
shall fix a reasonable time for a public hearing thereon and shall
give notice thereof as follows:
A.
By publishing a notice thereof once each week for two (2) successive
weeks in a newspaper of general circulation in the Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than thirty (30) days and the second publication
shall not be less than seven (7) days from the date of the hearing.
B.
By mailing a notice thereof to the parties in interest.
C.
By mailing a notice thereof to the Township Secretary and to each
member of the Township Council.
D.
By mailing a notice thereof to every resident or association of residents
of the Township who shall have registered their names and addresses
for this purpose with the Board.
E.
When the Board shall so order, by mailing or delivering a notice
thereof to the owner if his residence is known or to the occupier
of every lot on the same street within five hundred (500) feet of
the lot or building in question and of every lot not on the same street
within one hundred fifty (150) feet of the said lot or building, provided
that failure to give a notice required by this paragraph shall not
invalidate any action taken by the Board.
F.
The notice herein required shall state the location of the lot or
building and the general nature of the question involved.
G.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one (1) week prior to the hearing.
It shall be the duty of the Board to issue a Certificate in
any case wherein a special exception or a variance is granted. The
Board may cancel or revoke any certificate for any violation of this
Ordinance or of conditions imposed.
[Ord. No. 678,
§ 1, 9-10-1973; Ord. No. 1241, § 4, 9-22-1997]
Unless otherwise specified by the Board, a decision and order
of the Board pertaining to a special exception, variance, interpretation
or other relief, shall expire if the applicant fails to obtain a building
permit or a use and occupancy permit, as the case may be, within one
(1) year from the date of the decision and order. The use granted
by a decision and order of the Board shall expire if such use is abandoned
or discontinued for a continuous period of one (1) year or more.
[Ord. No. 1293, § 11, 6-15-1999]
Any person aggrieved by any decision of the Board, or any taxpayer,
or any officer of the Township, may within thirty (30) days after
any decision of the Board, appeal to the Court of Common Pleas of
Montgomery, County by petition, duly verified, setting forth that
such decision is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law, specifying the grounds upon
which he relies.
The cost of the original transcript shall be paid by the person
appealing from the decision of the board if such appeal is made. The
cost of additional copies shall be paid by the person requesting such
copy or copies.
