[Amended 8-4-1982 by Ord. No. 82-8]
[Amended 12-26-1990 by Ord. No. 90-11]
A.
The Zoning Hearing Board shall consist of three members
appointed by the Board of Supervisors. In addition to the three member
appointments, the Zoning Hearing Board shall consist of one alternate
member appointed by resolution by the Board of Supervisors.
B.
The members of the present Zoning Hearing Board shall
continue to serve until the expiration of their appointed terms, and
the Board of Supervisors shall appoint successors on the expiration
of their respective terms to serve three years and shall fill any
vacancy for the unexpired term of any member or alternate whose office
becomes vacant. The alternate member shall be appointed for a three-year
term. Members and the alternate may succeed themselves.
C.
The members and alternate of the Zoning Hearing Board
shall be removable for cause by the Board of Supervisors upon written
charges and after a public hearing.
D.
Members of the Board and the alternate shall hold
no other office in the Township, and no member of the Board or alternate
may also be a member of the Planning Commission.
E.
The word "Board," when used in this article, shall
mean the Zoning Hearing 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 this chapter. 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, in harmony with the general purposes and intent of this
chapter with power to impose appropriate conditions and safeguards.
C.
Variance. To authorize upon appeal, in special cases,
such variance from the terms of this chapter as the Board shall feel
will not be contrary to the public interest and where, owing to special
conditions, a literal enforcement of the provisions of this chapter
will result in unnecessary hardship and so that the spirit of this
chapter shall be observed and justice done. The special circumstances
requiring a variance shall be fully set forth in the minutes of the
Board, which will show the votes of each member upon each question.
D.
To hear and decide substantive challenges to the validity
of any land use ordinance, except those brought before the Board of
Supervisors as curative amendments.
[Added 12-26-1990 by Ord. No. 90-11]
E.
To hear and decide procedural challenges to the validity
of any land use ordinance. Procedural challenges include procedural
questions or alleged defects in the process or adoption of a land
use ordinance. Such challenges shall be raised by an appeal taken
within 30 days after the effective date of said ordinance.
[Added 12-26-1990 by Ord. No. 90-11]
In any instance where the Board is required
to consider an exception or variance to this chapter in accordance
with the provisions of the 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 service 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 major 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
and adequate standards of parking and sanitation.
H.
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 due to or the result of general conditions in the district in
which the property is located.
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 appealed from and may
make such additional 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 the manner
of filing appeals or applications for special exceptions or for variance
from the terms of this chapter. All appeals and applications made
to the Board shall be in writing on forms prescribed by the Board.
Every appeal or application shall refer to the specific provision
of this 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.
A.
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, 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.
B.
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 the alternate member
of the Board to sit on the Board. The alternate member of the Board
shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternative was initially appointed
until the Board has made a final determination of the matter or case.
[Added 12-26-1990 by Ord. No. 90-11]
[Amended 12-26-1990 by Ord. No. 90-11]
Upon the filing with the Board of an application
for a special exception, variance, appeal from any decision or action
of the Zoning Officer, appeal from an interpretation of the terms
of 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 and shall give notice 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 Township; 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 due notice to the parties in
interest.
C.
By mailing or serving notice thereof to the Township.
D.
By mailing or serving notice thereof to the owner
or owners, if their residence is known, or to the occupier or occupiers
of every lot within a five-hundred-foot radius of the lot in question.
[Amended 1-4-2010 by Ord. No. 2010-1]
E.
By mailing a notice thereof to any resident or association
of residents of the Township or other interested parties who shall
have formally registered their names and address for this purpose
with the Board subsequent to the adoption of this chapter.
[Added 12-26-1990 by Ord. No. 90-11]
F.
By conspicuously posting written notice of the hearing
on the affected tract of land at least one week prior to the hearing.
[Added 12-26-1990 by Ord. No. 90-11]
G.
The notices herein required shall state the location
of the building or lot and the general nature of the question involved.
[Amended 12-26-1990 by Ord. No. 90-11]
Any persons 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.
[Amended 12-26-1990 by Ord. No. 90-11]
Application before the Zoning Hearing Board
shall be accompanied by a cash payment to the Township Zoning Officer
in accordance with a fee schedule adopted by resolution of the Board
of Supervisors following the enactment of this chapter or as such
schedule may be amended from time to time. 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 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.
