[Amended 8-18-1980 by Ord. No. 4-60; 7-7-1997 by Ord. No. 4-156; 10-15-2024 by Ord. No. 4-266]
A. 
Members of the zoning hearing board.
(1) 
The Zoning Hearing Board shall consist of five members appointed by Resolution of the Board of Supervisors.
(2) 
The term of office shall be five years and shall be so fixed that the term of office of one member shall expire as of December 31 of each year.
(3) 
The Zoning Hearing Board shall notify the Board of Supervisors of any vacancies which occur.
(4) 
Appointments to fill vacancies shall be only for the unexpired portion of the term.
(5) 
Members of the Zoning Hearing Board shall hold no other elected or appointed office in Whitpain Township nor shall any member be an employee of Whitpain Township.
B. 
Alternate members of the Zoning Hearing Board.
(1) 
The Board of Supervisors may appoint by Resolution up to three residents of Whitpain Township to serve as alternate members of the Zoning Hearing Board.
(2) 
The term of office shall be three years and shall be so fixed that the term of office shall expire as of December 31.
(3) 
Alternate members shall hold no other elected or appointed office in Whitpain Township nor shall any alternate member be an employee of Whitpain Township.
(4) 
If, by reason of absence or disqualification of a member, the Chair of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit as voting members of the Zoning Hearing Board in a number, at minimum, to provide a quorum. An alternate member so designated shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the full extent of any Zoning Hearing Board member, as provided by law. Any alternate member shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate member was initially designated until a final determination is made for the matter or case.
(5) 
Any alternate member may participate in an proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote nor be compensated unless designated as a voting member as provided herein.
A. 
The Zoning Hearing Board shall have the following powers:
(1) 
Appeals: to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter or any amendment adopted pursuant thereto.
(2) 
Special exceptions: to hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for.
[Amended 3-20-1961 by Ord. No. 4-2]
(3) 
Variances: to authorize upon appeal in accordance with law, in specific cases, variances from the terms of this chapter.
B. 
Orders. In exercising the above-mentioned powers, the Zoning Hearing Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made and impose appropriate conditions and safeguards.
The Zoning Hearing Board may adopt rules of procedure in accordance with the several provisions of this chapter and the Act of Assembly as to the manner of filing of applications for special exceptions or for variance from the terms of this chapter.
Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such times as the Zoning Hearing 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 Zoning Hearing Board shall be open to the public. The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if a member is absent or fails to vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Zoning Hearing Board and shall constitute a public record.
[Amended 10-18-2022 by Ord. No. 4-260]
Upon the filing with the Zoning Hearing Board of an appeal or an application for a special exception or for variance from the terms of this chapter, the Zoning Hearing Board shall fix a reasonable time and place for a public hearing thereon and shall give seven days' notice as follows:
A. 
By mailing or serving notice thereof to the parties in interest.
B. 
By mailing or serving notice thereof to the Township Supervisors.
C. 
When the Zoning Hearing Board shall so order, 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 on the same street within 500 feet of the lot or building in question and of every lot not on the same street within 150 feet of said lot or building and to all contiguous property owners of the lot or building in question, provided that failure to give notice required by this subsection shall not invalidate any action taken by the Zoning Hearing Board.
D. 
The notices herein required shall state the location of the building or lot and the general nature of the question involved.
E. 
All other notice required pursuant to the Pennsylvania Municipalities Planning Code (53 P.S. § 10101, et seq.).
[Amended 10-18-2022 by Ord. No. 4-260]
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit or a use and occupancy permit, as the case may be, within one year from the date of authorization thereof.
[Added 3-5-1962 by Ord. No. 4-5; amended 8-18-1980 by Ord. No. 4-60]
An application to the Zoning Hearing Board for a special exception or variance, if refused, shall not be renewed within the period of one year unless there has been a change in conditions and unless the renewal application distinctly sets forth such changes.
A. 
An applicant for a special exception shall have the burden of establishing:
(1) 
That his application falls within the provision of the 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.
B. 
An applicant for a variance shall have the burden of establishing:
(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.
(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 Zoning Hearing Board shall consider whether the application, if granted, will:
[Amended 8-18-1980 by Ord. No. 4-60]
(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 in Subsection C above.
[Added 3-29-1967 by Ord. No. 4-22; amended 8-18-1980 by Ord. No. 4-60]
Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer or the Board of Supervisors may, within 30 days after such decision of the Zoning Hearing Board, appeal to the Court of Common Pleas of Montgomery County. In such case, the appellant shall give immediate notice of said appeal to all protestants.