A.
The Township Council of Horsham Township shall appoint
a Zoning Hearing Board consisting of three or five members who shall
be residents of the Township. The members of the Zoning Hearing Board
shall be removable for cause by a majority vote of Township Council
upon written charges and after a public hearing. The word "Board"
when used in this article shall mean the "Zoning Hearing Board."
B.
The terms of office of a three-member board shall
be three years and shall be so fixed that the term of office of one
member shall expire each year. The terms of office of a five-member
board shall be five years and shall be so fixed that the term of office
of one member of a five-member board shall expire each year. If a
three-member board is changed to a five-member board, the members
of the existing three-member board shall continue in office until
their term of office would expire under prior law. The governing body
shall appoint two additional members to the Board with terms scheduled
to expire in accordance with the provisions of this section. The Board
shall promptly notify the governing body of any vacancies which occur.
Appointments to fill vacancies shall be only for the unexpired portion
of the term. Members of the Board shall hold no other office in the
municipality.
C.
Alternate members may be appointed by the Township
Council as provided for under the Pennsylvania Municipalities Planning
Code. When seated pursuant to the Pennsylvania Municipalities Planning
Code, an alternate shall be entitled to participate in all proceedings
and discussions of the Board.
The Board shall have the following powers:
A.
Appeals and interpretations. 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 said Act or of this chapter adopted pursuant thereto. To interpret
upon the words, terms, rules, regulations, provisions and restrictions
of this chapter where there is doubt as to the meaning thereof, including
determination in specific instances whether questionable uses are
permitted by virtue of being "similar to" or "customarily incidental
to" permitted uses as provided by this chapter.
B.
Special exceptions. To hear and decide special exceptions
to the terms of this chapter, in such cases as are herein expressly
provided for, with power to impose appropriate conditions and safeguards.
C.
Variances.
(1)
The Board shall near requests for variances where
it is alleged that the provisions of this chapter inflict unnecessary
hardship upon the applicant. The Board may by rule prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that all of the
following findings are made where relevant in a given case:
(a)
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.
(b)
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.
(c)
That such unnecessary hardship has not been
created by the appellant.
(d)
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.
(e)
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.
(2)
In granting any variance, the board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code and
this chapter.
A.
An applicant for a special exception shall have the
burden of establishing:
B.
An applicant for a variance shall have the burden
of establishing:
C.
In determining whether the allowance of a special
exception or a variance is contrary to the public interest, the Zoning
Hearing Board shall consider whether the application, if granted,
will:
(1)
Be detrimental to appropriate use of adjacent property.
(2)
Cause undue congestion of pedestrian or vehicular
traffic.
(3)
Endanger the safety of persons or property by improper
location or design of facilities for ingress or egress.
(4)
Increase the danger of fire or otherwise endanger
the public safety.
(5)
Overcrowd the land or create an undue concentration
of population.
(6)
Impair an adequate supply of light and air to adjacent
property.
(7)
Adversely affect transportation or unduly burden water,
sewer, school, park or other public facilities.
(8)
Adversely affect the public health, morals, safety
or general welfare.
(9)
Run counter to the spirit and purpose of this chapter.
D.
The applicant for a special exception or variance
shall have the duty of presenting credible evidence relating to the
criteria set forth above.
In any instance where the Zoning Hearing Board
is required to consider a special exception or variance to this chapter
or the Zoning Map in accordance with the provisions of this chapter,
the Board shall, among other things:
A.
Consider the suitability of the property for the use
desired. Assure itself that the proposed change is consistent with
the spirit, purpose and intent of this chapter.
B.
Determine that the proposed change will not substantially
injure or detract from the use of neighboring property 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 Township, the convenience of the community (where
applicable), and the public 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 all streets from undue congestion and hazard.
F.
Be guided in its study, review, and recommendation
by sound standards of subdivision 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,
adequate standards of parking and sanitation.
In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or in part, or may modify the
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.
The Board shall adopt rules of procedure in
accordance with the several provisions of this chapter as to manner
of filing appeals or applications for special exceptions or for variance
from the terms of this chapter. All appeals and application shall
refer to the specific provision of the chapter involved, and shall
exactly 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.
Meetings of the Board shall be held at the call
of the Chairman and at such 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 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 a public record.
At least 14 days before the date of hearing
required by law for an application for special exception 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. The Planning Commission may submit an advisory opinion which
shall be considered by the Board, provided that opinion is received
on or before the date of hearing of the Zoning Hearing Board.
The Zoning Hearing Board in considering any
matter within its jurisdiction may consult with the Horsham Township
Planning Commission, the Montgomery County Planning Commission, or
any other specialist or groups of specialists having expert knowledge
of the matter under consideration.
A.
Upon the filing with the Board of an application for
a special exception or for variance or an interpretation or appeal
from the terms of this chapter, the Board shall fix a reasonable time
and place for a public hearing thereon and shall give public notice
as defined herein.
B.
Written notice shall be given to the applicant, the
Zoning Officer, and Council and to any person who has made timely
request for the same. In addition, written notice of the hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing.
C.
At the discretion of the Board, by mailing a notice
to all property owners within 500 feet, if only a particular area
is involved.
D.
The notice shall state the general nature of the proposed
amendment and that full opportunity to be heard will be given to any
citizen and all parties interested in attending such hearing. The
notices herein required shall state the location of the building or
lot and the general nature of the question involved.
E.
The hearing shall be held within 60 days from the
date the applicant's request is filed, unless the applicant has agreed
in writing to an extension of time.
F.
The Board shall keep a stenographic record of the
proceedings.
G.
The Board 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. Where the application is contested or denied, each decision
shall be accompanied by findings of fact and conclusions based thereon
together with the reasons therefor.
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 any decision of the
Township Zoning Hearing Board, within 30 days after any decision of
the Board, may 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.
