[Amended 9-26-1989 by Ord. No. 704]
A.
The Borough Council shall appoint, by resolution, a Zoning Hearing
Board consisting of three members. In addition to the three member
appointments, the Borough Council shall appoint two alternate members
by resolution.
B.
The Council shall appoint one member to serve until the first day
of January following the effective date of this chapter, one member
and one alternate to serve until the first day of the second January
thereafter, and one member and one alternate to serve until the first
day of the third January thereafter; once the initial terms expire,
members and alternates may succeed themselves. When a vacancy occurs,
the Zoning Hearing Board shall notify the Council, who shall appoint
a resident of the Borough to serve for the unexpired portion of the
term. The members and alternates of the Zoning Hearing Board shall
be removable for cause by the Borough Council upon written charges
and after a public hearing. Members of the Board and alternates shall
not hold any other office in the Borough, including membership on
the Planning Commission. The word "Board," when used in this article,
shall mean the Zoning Hearing Board.
[Amended 9-26-1989 by Ord. No. 704]
The Board shall have the following powers:
A.
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.
B.
To hear and decide special exceptions from the terms of this chapter, in such cases are herein expressly provided for, in harmony with the general purpose and intent of this chapter and with power to impose appropriate conditions and safeguards. In granting special exceptions as authorized in this chapter, the Board shall consider the standards included in § 475-152 herein.
C.
To authorize, upon appeal, in special cases, such variances from
the terms of this chapter the Board shall feel will not be contrary
to the public interest or the spirit of this chapter where, owing
to special conditions a literal enforcement of the provisions of this
chapter, will result in unnecessary hardship or injustice.
D.
To hear and decide substantive challenges to the validity of any
land use ordinance, except those brought before the Borough Council
as curative amendments.[1]
[1]
Editor's Note: Original Chapter 27, Section 2002, Subsection 5, of the 1990 Code of Ordinances, regarding hearing and deciding challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the progress of enactment or adoption, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In exercising the above-mentioned powers, the Board may reverse
or affirm, wholly or in part, may modify the order, requirements,
decision or determination appealed from, and may make such 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. Notice of the Board's decision shall forthwith be mailed
to the applicant, the property owner and other interested parties.
The Board shall adopt rules of procedure in accordance with provisions of this chapter and the requirements of Act 247, the Pennsylvania Municipalities Planning Code, Article IX,[1] as to the manner of filing appeals, applications for special
exceptions or for variances from the terms of this chapter, and as
to the conduct of the business of the Board.
[1]
Editor's Note: See 53 P.S. § 10901 et seq.
[Amended 9-26-1989 by Ord. No. 704]
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 absent or failing
to vote, indicating such fact, and shall 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 public record. When by reason
of absence or disqualification, one or more members is unavailable
for a hearing, the Chairman, or in his absence, the acting Chairman,
shall designate one or both alternate members of the Board to sit
on the Board as may be needed. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternatives.
[Amended 9-26-1989 by Ord. No. 704; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Upon the filing with the Board of an application for a special
exception, variance, appeal from any decision or action made by an
administrative official enforcing this chapter, or substantive or
procedural challenges to the validity of this chapter, the Board shall
fix a reasonable time and place for a public hearing thereon within
60 days of the date of application, unless the applicant has agreed
in writing to an extension of time, and shall give notice thereof
as follows:
A.
By publishing a notice thereof once a week for two successive weeks
before the date fixed for the hearing in a newspaper of general circulation
in the Borough; the first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
B.
By mailing or serving notice thereof to the parties in interest.
C.
By mailing or serving notice thereof to the Borough Council and the
Borough Planning Commission.
D.
By mailing or serving notice thereof to the Montgomery County Planning
Commission.
E.
By mailing a notice thereof to every resident or association of residents
of the Borough or other interested party who shall have formally registered
their names and addresses for this purpose with the Board subsequent
to the adoption of this chapter.
F.
By mailing or serving notice thereof to the owner or owners, if their
residence is known, or to the occupant or occupants 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 200 feet of the said
lot or building; provided that failure to give notice as required
by this subsection shall not invalidate any action by the Board.
G.
The notices herein required shall state the location of the building
or lot and the general nature of the question involved.
H.
By conspicuously posting written notice of the hearing on the affected
tract of land at least one week prior to the hearing.
I.
The Board
or the hearing officer, as the case may be, shall keep a stenographic
record of the proceedings. The appearance fee for a stenographer shall
be shared equally by the applicant and the Board. The cost of the
original transcript shall be paid by the Board if the transcript is
ordered by the Board or hearing officer or shall be paid by the person
appealing from the decision of the Board if such appeal is made, and
in either event, the cost of additional copies shall be paid by the
person requesting such copy or copies. In other cases, the party requesting
the original transcript shall bear the cost thereof.
The Zoning Hearing Board shall render a written decision or,
when no decision is called for, make written findings on the application
within 45 days of the date of public hearing or any continuance thereof.
Each decision shall be accompanied by findings of fact and conclusions
based thereon together with the reasons therefor.
A.
A copy of the final decision, or where no decision is called for,
of the findings, shall be delivered to the applicant personally or
mailed to him/her not later than the day following its date.
B.
To all other persons who have filed their name and address with the
Board not later than the last day before the hearing, the Board shall
provide by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
In any instance where the Zoning Hearing Board is required to consider a variance or special exception from the terms of this chapter in accordance with the provisions of this Article XXI, the Board shall, among other things:
A.
Consider the suitability of the property for the use desired, assuring
itself that the proposed change is consistent with the spirit, purpose
and intent of this chapter and the adopted Royersford Borough Comprehensive
Plan.
B.
Determine that the proposed change will not substantially injure
or detract from the use of neighboring properties 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 Borough, the convenience of the community (where applicable),
and the general welfare.
D.
Consider the effect of the proposed change upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewers, police and fire protection, and public schools.
E.
Consider the suitability of the proposed location of an industrial
or commercial use with respect to probable effects upon highway traffic,
and assure adequate access arrangements in order to protect local
roads from undue congestion and hazard.
F.
Be guided in its study, review, and recommendation by sound standards
of subdivision and land development practice, where applicable.
G.
Impose such conditions, in addition to those required, as are necessary
to assure that the intent of this chapter 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 off-street parking and loading and sanitation.
H.
With respect to a variance, 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.
At least 30 days before the date of hearing required by law
for an application for special exception or variance before the Zoning
Hearing Board, the Secretary of such Board shall transmit to the Planning
Commission a copy of the notice of hearing and other information as
may have been furnished by the applicant or the Zoning Officer. Following
the public hearing, the Zoning Hearing Board may transmit to the Planning
Commission a transcript of the public hearing and any other briefs
presented in evidence.
The Zoning Hearing Board in considering any matter within its
jurisdiction may consult with the Royersford Borough Planning Commission,
the Montgomery County Planning Commission, and any other consultants
or groups having expert knowledge of the matter under consideration.
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a building
permit within six months of the date of authorization thereof.
Any person 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 before the Zoning Hearing Board, as provided for in Article XXI herein, shall be accompanied by payment to the Borough in accordance with a fee schedule adopted by resolution of the Zoning Hearing Board and approved by the Borough Council following the enactment of this chapter, or as such schedule may be amended by resolution of the Zoning Hearing Board and approved by the Borough Council.
