A.
The Zoning Hearing Board shall have the authority to hear and decide
petitions, where applicable for Administrative Reviews, special exceptions,
Variances and Ordinance Challenges. Petitions for appeal and subsequent
hearing shall be in accordance with the provisions of Act 247,[1] and the following:
(1)
A written petition shall be submitted by the petitioner on the
form provided by the Zoning Administrator. The petition shall, in
addition to information on the petitioner and property location, specify
the type of appeal being taken and the grounds for the appeal. The
petition shall be accompanied by such fees as may be set by Township
resolutions.
(2)
Notice of the public hearing shall be provided to all interested
parties, all property owners adjoining the affected property, and
all property owners within 100 feet of the affected property. Furthermore,
notice of said hearing shall be advertised according to Act 247, and
conspicuously posted on the affected property. Continued or reconvened
hearings shall not require notice and advertising in accordance with
this subsection, provided the time and date of the subsequent hearing
is announced at the original hearing.
(3)
The public hearing shall be held. Any party may appear in person
or by agent or attorney. Formal rules of evidence shall not apply,
but irrelevant, immaterial, or unduly repetitious evidence may be
excluded.
(4)
The Zoning Hearing Board shall render a decision or, where no
decision is called for (Ordinance Challenge), make findings, on the
petition. The decision or findings shall be accompanied by a written
opinion containing findings of fact and conclusions based thereon,
together with the reasons for the same. The decision shall be made
with regard to the chapter requirements and shall not be based solely
upon neighboring support or opposition for the petition.
(5)
A copy of the decision and opinion shall be delivered to the
petitioner and all other parties requesting same. All parties of interest
shall have the right to examine the full decision or opinion in the
office of the Zoning Administrator, where such Zoning Hearing Board
records shall be maintained.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the
Municipalities Planning Code.
B.
The procedures described herein shall apply to all Zoning Hearing
Board hearings, and the following sections shall further explain the
specific powers and duties of the Zoning Hearing Board for the various
appeals permitted by this chapter and Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq., the
Municipalities Planning Code.
A.
The Zoning Hearing Board shall hear and decide appeals where it is
alleged by the appellant that the Zoning Administrator has failed
to follow prescribed procedures, has misinterpreted or misapplied
a provision of this chapter, or has otherwise made an error in any
order, requirement, decision, or determination in the enforcement
of this chapter. An Administrative Review procedure shall also be
utilized by an appellant who desires a determination or interpretation
on the meaning or intent of a requirement of this chapter which has
inconclusive or unclear language.
B.
After public hearing on the appeal, the Zoning Hearing Board shall
have the authority, so long as such action is in conformity with the
terms of this chapter, to reverse, affirm, or modify, wholly or partly,
the order, requirement, decision, or determination made by the Zoning
Administrator.
The Zoning Hearing Board shall hear and decide petitions for
special exceptions specifically authorized in this chapter. Decisions
to grant or deny the petition shall be subject to the following:
A.
Such use shall be specifically authorized as a special exception
in this chapter; and
B.
The special exception use shall satisfy all requirements and conditions
specified within this chapter; and
C.
Reasonable conditions and safeguards, in addition to those expressed
in this chapter, may be required by the Board in granting the special
exception where it is deemed necessary to implement the purposes and
intent of this chapter; and
D.
The special exception shall be compatible with adjacent and nearby
properties and shall not adversely affect the public health, safety
or interest; and
E.
The special exception use shall be designed to provide satisfactory
arrangement for:
(1)
Ingress and egress to property and proposed structures thereon,
with particular reference to automotive and pedestrian safety and
conveniences, traffic flow and control, and the access in case of
fire or catastrophe; and
(3)
Refuse and service areas to be located and maintained in a safe
and sanitary manner, well screened on three sides. Trash and rubbish
shall be stored in covered vermin-proof containers; and
(4)
Utilities to be located underground where possible and to be
compatible with the surrounding area. Availability, ease of access
and safety precautions shall be considered; and
(5)
Screening and buffering with reference to type, dimensions, and character, in accordance with Article XIX of this chapter; and
(6)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district and compliance with Article XXII of this chapter; and
(7)
Required yards and other open space as specified elsewhere in
this chapter.
A.
The Zoning Hearing Board shall hear and decide petitions for variances
from the terms of this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship.
A variance may be granted provided the following findings are made
where relevant in a given case:
(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 the provisions of this chapter in the neighborhood or district
in which the property is located; and
(2)
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; and
(3)
That such unnecessary hardship has not been created by the petitioner;
and
(4)
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; 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; and
(6)
That the variance, if authorized, will not confer on the petitioner
any special privilege that is denied by this chapter to the owners
of other lands, structures or buildings in the same zoning district;
and
(7)
That nonconforming use of neighboring lands, structures, or
buildings in the same district and permitted or nonconforming use
of lands, structures or buildings in other zoning districts shall
not be considered grounds for the granting of a variance; and
(8)
That a variance shall not be granted solely for financial reasons
or to facilitate financial gain.
B.
In granting a variance, reasonable conditions and safeguards may
be attached where it is deemed necessary to implement the purposes
and intent of this chapter.
The Zoning Hearing Board shall hear challenges to the validity
of the zoning ordinance or map, except as provided by Act 247.[1] In all such challenges, the Zoning Hearing Board shall
take evidence and make a record thereon. At the conclusion of the
hearing, the Zoning Hearing Board shall decide all contested questions
and shall make findings on all relevant issues of fact.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the
Municipalities Planning Code.
A.
The granting or approval of a special exception or variance shall
be valid only for the petitioner and the property specified in the
petition. Alterations or changes to the use or building authorized
by the Zoning Hearing Board shall require re-application to the Board.
If the special exception or variance has not been implemented within
two years of the date of the Zoning Hearing Board decision said, approval
shall expire and become null and void. If the property affected by
the variance or special exception is transferred in ownership prior
to the implementation of the special exception or variance, said approval
shall immediately become invalid upon such transfer or ownership.
B.
The Zoning Hearing Board may revoke approval of a variance or special
exception where:
(1)
The petitioner repeatedly violates conditions or safeguards
specified in the Board's decision; or
(2)
The petitioner initiates use or construction contrary to the
Board's decision; or
(3)
The petitioner is found to have misrepresented or falsified
information pertinent to the Board's decision; or
(4)
The Board's original decision was in error and the revocation
is instituted within 30 days of the original decision or prior to
substantial reliance thereon by the petitioner.
C.
Violation of the conditions or safeguards or use or construction contrary to that specified by the Zoning Hearing Board decision shall be deemed a violation of this chapter, punishable under § 250-279 of this chapter. Revocation of the Zoning Hearing Board approval shall not preclude the Township from proceeding in courts of law or equity to prevent or remedy violations of this chapter.
