In accordance with Article IX of the code,[1] a Zoning Hearing Board shall be appointed and organized,
which Board may adopt rules to govern its procedure. The Board shall
hold meetings, keep minutes and, pursuant to notice, shall conduct
hearings, compel the attendance of witnesses, take testimony under
oath and render decisions, in writing, within 45 days after hearing
or continued hearing, all as required by law. The hearing shall be
held within 60 days from the date of the applicant's request, unless
the applicant has agreed, in writing, to an extension of time. Failure
to meet the time requirements results in a judgment in favor of the
applicant. For the filing of any appeal or proceeding with the Board,
a fee shall be charged in accordance with a schedule annually affixed
by the Township Council.
[1]
Editor's Note: See 53 P.S. § 10901
et seq.
The Chairman or Acting Chairman of the Board
or the Hearing Officer shall have the power to administer oaths and
issue subpoenas to compel the attendance of witnesses and production
of documents, including those made by the parties. The parties shall
have the right to be represented by counsel and shall be afforded
the opportunity to respond and present evidence and argument, and
to cross-examine adverse witnesses on all relevant issues.
[Amended 5-18-2005 by Ord. No. 1-05]
Any person or Township official aggrieved or
affected by any decision of the Zoning Hearing Officer may appeal
to the Board within 30 days of the date of the decision as provided
by the rules of the Board by filing a notice of appeal specifying
the grounds thereof.
A.
Every appeal or application shall refer to the specific
provisions of this chapter involved, and shall set forth exactly the
interpretation that is claimed, the use for which the special permit
is sought, or the details of the variance that is applied for and
the grounds on which it is claimed the variance should be granted,
as the case may be.
A.
In accordance with § 910.2 of the code,
the Board, upon appeal, shall have the power to authorize variances
from the provisions of this chapter, provided that 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 to the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located.
(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.
(3)
That such necessary hardship has not been created
by the appellant.
(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.
(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.
B.
In granting any variance, the Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the code.
A.
In accordance with § 912.1 of the code,[1] the Board shall have the power to decide requests for
special exceptions in accordance with the general purpose of this
chapter and the specific intent of the respective zoning district,
as well as the actual standards and criteria set for the specific
special exception use. The Board shall approve a special exception
use only if it meets with the following standards and criteria:
(1)
That the use is compatible with adjacent uses and
structures.
(2)
That the use is suited to the topography and other
characteristics of the site.
(3)
That the use complies with all off-street parking requirements (§ 150-24) and other provisions and regulations of this chapter, including regulations specific to the particular special exception for which application is made.
(5)
That the use is so designed, located and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
(6)
That the use will not cause substantial injury to
the value of other property in the neighborhood where it is to be
located.
(7)
That the use shall be compatible with adjoining development
and the proposed character of the zoned district where it is to be
located.
(8)
That adequate off-street parking and loading is provided,
and that ingress and egress is so designed as to cause minimum interference
with the traffic on abutting streets.
(9)
That the use conforms with all applicable regulations
governing the district where located, except as may otherwise be determined
for planned building groups or projects.
[1]
Editor's Note: See 53 P.S. §10912.1.
B.
The interpretation and application of the provisions
of this chapter shall not be held to be the minimum requirements for
the health, safety and general welfare of the Township. In granting
a special exception, the Board may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of this chapter and
the code.
In cases involving performance standards:
A.
The Board may require a plan of the proposed construction
or development, a description of machinery proposed and specifications
for the mechanisms and techniques to be used.
B.
The Board may obtain qualified expert consultants
to testify as to whether or not a proposed use will conform to the
performance requirements. The cost of such services shall be borne
by the applicant.
The Board shall have the power to authorize changes of lawful nonconforming uses according to the standards set forth in Article VI, and such changes are permitted as special exceptions according to standards set forth in this chapter.
