Township of Cheltenham, PA Article XXVIII Zoning Hearing Board

§ 295-2800 Membership.

A. The Township Zoning Hearing Board shall consist of three members appointed by the Board of Commissioners as provided by law. The word "Board" when used in this article shall mean the Township Zoning Hearing Board.

B. The Zoning Hearing Board of Cheltenham Township shall increase by adding one, two or three residents to serve as alternate members of the Board. The Township Zoning Hearing Board will continue to have three members to hear applications, and, when required, a member will be replaced by an alternate. The Township Zoning Hearing Board Chairman will determine if an alternate is needed and, if there is more than one alternate, who will serve at any hearing. An alternate who participates in a Zoning (Board) hearing will remain on that panel until that particular case is concluded. No more than two alternates will serve on a panel at any time.

§ 295-2801 Powers and duties.

A. The Board shall have the following powers, all of which shall be carried out in accordance with the Pennsylvania Municipalities Planning Code:

(1) Appeals. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter.

(2) Special exceptions. To hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for.

(3) Variances. To authorize upon appeal in accordance with the law, in specific cases, variances from the terms of this chapter.

(4) Validity challenges. To hear and decide all challenges to the validity of this chapter or the Zoning Map properly brought before the Township Zoning Hearing Board in accordance with the law.

(5) Reasonable accommodations. To hear and decide requests for a reasonable accommodation where the applicant shows entitlement pursuant to the provisions of these ordinances and the Fair Housing Amendments Act.[1]

[1] Editor's Note: See 42 U.S.C.A. § 3601 et seq.

B. In exercising the above-mentioned powers, the Board shall:

(1) Reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from.

(2) Make such order, requirement, decision or determination as ought to be made.

(3) Impose appropriate conditions and safeguards.

C. Applications, hearings and decisions regarding variances and special exceptions in the various zoning districts shall be governed by the provisions of such districts as well as the provisions of this article. In the event that there is a conflict between the provisions of this article and the provisions set forth in the various zoning districts, those set forth in the zoning districts shall take precedence and be controlling over the provisions of this article.

§ 295-2802 Rules and procedure.

A. The Township Zoning Hearing Board shall make, alter and rescind rules and forms for its procedure, consistent with the Township Code and the law.

B. The Board of Commissioners shall make such rules and regulations applicable to the Office of the Zoning Officer in order to establish the process for considering a request for reasonable accommodation under this chapter. These rules and regulations shall include, but not be limited to, the following:

(1) Mandatory direction to the Zoning Officer to post a notice of accommodation for residences of people with disabilities;

(2) Mandatory direction to the Zoning Officer to provide a fair housing accommodation request at his Township office upon demand; and

(3) Mandatory direction to the Zoning Officer to place legends on all zoning and permit applications so that applicants may indicate that the application is for a reasonable accommodation.

C. Following a written request for a reasonable accommodation to the procedures of the Zoning Hearing Board, the Township Zoning Hearing Board shall modify its procedures in order to provide an accelerated schedule of hearings as follows:

(1) Respecting the availability of the members of the Township Zoning Hearing Board and the rights of any participant to a proceeding before the Township Zoning Hearing Board, the Zoning Hearing Board shall schedule special hearings to consider requests for a reasonable accommodation;

(2) Where possible, the Township Zoning Hearing Board shall render its decision regarding a request for a reasonable accommodation in a timely manner; and

(3) The Township Zoning Hearing Board shall schedule a hearing to consider a request for a reasonable accommodation according the minimum time, but in no case less than two weeks, in order to provide notice under these ordinances.

D. The Board of Commissioners shall establish such rules and regulations and require such forms and applications as will ensure that a request for a reasonable accommodation is processed by the Zoning Officer in a timely manner.

§ 295-2803 Public hearings; action; appeals.

A. Upon the filing with the Board of an appeal or an application for a special exception or a variance or of a challenge as to the validity of this chapter or the Zoning Map, the Board shall fix a reasonable time and place for a public hearing thereon and shall give notice thereof as follows, provided that failure to give notice required by this subsection, which are over and above the requirements of the Municipalities Planning Code, shall not invalidate any action taken by the Board:

(1) By publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation published in the Township.

(2) By providing notice thereof to the parties in interest.

(3) By providing notice thereof to all the Township Commissioners.

(4) By mailing 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.

(5) By mailing notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot within a perimeter of 500 feet of the entire lot in question.

(6) By providing notice on the Township website.

B. The notices herein required shall state the location of the building or the lot and the general nature of the question involved.

C. The hearings shall be conducted by the Board, or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

D. The parties to the hearing shall be the Township of Cheltenham, any person affected by the application who has made timely appearance of record before the Board and any other person, civic or community organization permitted to appear before the Board. All persons who wish to be considered parties shall enter an appearance in writing on forms provided by the Board for that purpose.

E. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

F. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer.

G. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties, and the parties shall be entitled to make written representations thereon to the Board prior to the final decision or entry of findings, and the Board's decision shall be entered no later than 45 days after the decision of the hearing officer.

H. Any appeal from the Zoning Officer's action, order or interpretation shall be filed within 30 days of the issuance of such action, order or interpretation.

§ 295-2804 Criteria for granting special exceptions and variances.

A. An applicant for a special exception shall have the burden of establishing all of the following:

(1) That the application falls within the provision of this chapter which accords to the applicant the right to seek a special exception;

(2) That allowance of the special exception will not be contrary to the public interest; and

(3) That the application meets the express requirements in the zoning district in which it is proposed, and the express requirements for that particular use as indicated in Article IV, Use Regulations.

B. An applicant for a variance shall have the burden of establishing both:

(1) That a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions; and

(2) That allowance of the variance will not be contrary to the public interest.

C. 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:

(1) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics.

(2) Be in accordance with the Cheltenham Township Comprehensive Plan.

(3) Provide the required parking.

(4) Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police and fire protection and public schools.

(5) Otherwise adversely affect the public health, safety, morals or welfare.

D. In all cases, the applicant's burden of proof shall include the duty of presenting credible evidence sufficient to persuade the Board that the applicant has satisfied the criteria set forth in either Subsection A or B of this section, whichever is applicable. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Subsection C of this section or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Subsection C 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.

§ 295-2805 Criteria for granting reasonable accommodations.

A. An applicant for reasonable accommodation shall have the burden of establishing that:

(1) The residents or proposed residents of the premises are handicapped.

(2) The premises are to be used as a dwelling for persons with handicaps.

(3) The specific accommodation to the rules and regulations of the ordinances of the Township may be necessary to afford persons with handicaps an equal opportunity to housing in the Township.

B. In determining whether a requested accommodation is reasonable, the Township Zoning Hearing Board shall consider:

(1) Whether the requested accommodation will cause any undue fiscal or administrative burdens upon the Township; and

(2) Whether the requested accommodation would require a fundamental alteration in a legitimate rule, policy or procedure of the Township.

§ 295-2806 Time restriction for renewal of application.

An application to the Board for a special exception, variance and/or reasonable accommodation, if refused, shall not be renewed within the period of one year, unless there has been a change in conditions and unless the renewed application distinctly sets forth such change.

§ 295-2807 Expiration.

Unless otherwise specified by the Board, a special exception, variance or reasonable accommodation shall expire if the applicant fails either to obtain a building permit or commence the use specified in the Township Zoning Hearing Board's decision on the appeal within one year from the date of authorization thereof.

§ 295-2808 Appeal to court.

Any persons aggrieved by the decision of the Township Zoning Hearing Board may within 30 days thereafter appeal to the Court of Common Pleas of Montgomery County in accordance with the provisions of Article X-A of the Pennsylvania Municipalities Planning Code, as amended.[1]

[1] Editor's Note: See 53 P.S. § 11001-a to 11006-a.