The Board of Supervisors of Worcester Township
shall appoint a Zoning Hearing Board consisting of three members.
The Board of Supervisors shall designate one such member to serve
until the first day of January following the effective date of this
chapter, one until the first day of the second January thereafter
and one until the first day of the third January thereafter; shall
appoint their successors on the expiration of their respective terms
to serve three years; and shall fill any vacancy for the unexpired
term of any member whose term becomes vacant.
The Zoning Hearing Board shall have the following
powers:
A.
Appeals and interpretations:
(1)
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
and of regulations adopted pursuant thereto.
(2)
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 the 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, such variance
from the terms of this chapter as the Board feels will not be contrary
to the public interest 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 substantial justice done.
In any instance where the Zoning Hearing Board is required to consider any of those matters itemized in § 150-217, in accordance with the provisions of this chapter, the Zoning Hearing 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 the Zoning Ordinance.
B.
Determine that the proposed change will not substantially
injure or detract from the use of neighborhood 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 interest 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.
Determine that any sewage or waste resulting from
the proposed use will and can be satisfactorily disposed of, and if
such sewage is to be disposed of on an on-lot basis, that the size
of the lot and nature of the soil are such as will ensure satisfactory
sanitary subsurface disposal.
F.
Consider the effect of the proposed change or improvement
in creating any runoff water or drainage problem that might be injurious
to adjacent or nearby properties or create an expense for the Township.
G.
Consider the suitability of the proposed location
of an industrial or commercial use with respect to probable effects
on highway traffic and assure adequate access arrangements in order
to protect major streets from undue congestion and hazard.
H.
Be guided in its study, review and recommendation
by sound standards of subdivision practice where applicable.
I.
Impose such conditions, in addition to those required,
as are necessary to assure that the intent of the Zoning Ordinance
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.
J.
Determine whether there are special circumstances
or conditions fully described in the findings applying to the land
or buildings for which the variance is sought, which justify that
the application of the provisions of this chapter would deprive the
applicant of the reasonable use of such land or building.
K.
Determine whether the unique circumstances for which
the variance is sought were either created by the owner of the property
or were due to or the result of general conditions in the district
in which the property is located.
L.
Consider any hardship to the taxpayers of the Township
that might result in the granting of uses that might be exempt from
the payment of local real estate taxes, in view of loss of revenue,
and cost of additional municipal services such as police, fire protection
and roads.
A.
The Board shall hear requests for variances where
it is alleged that the provision of the Zoning Ordinance inflict unnecessary
hardship upon the applicant. The Board may grant a variance, 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 the circumstances or conditions
generally created by the provisions of the Zoning Ordinance 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 the Zoning Ordinance and
that the authorization of a variance is therefore necessary to enable
the reasonable use of the property.
(3)
That such unnecessary 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.
(6)
In granting any variance, the Board may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this Zoning Ordinance.
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 may make such additional order, requirement, decision or
determination as ought to be made, as may be pertinent or germane,
and, to that end, shall have all the powers of the officer from whom
the appeal is taken.
The Zoning Hearing 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 variances from the terms of this chapter. The application shall
include the reasons for which the applicant believes that the variance
or special exception should be granted.
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 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 with the
Township Secretary and shall be a public record.
The Zoning Hearing Board, in considering any
matter within its jurisdiction, may consult with the Worcester Planning
Commission, the Montgomery County Planning Commission or any other
specialist or groups of specialists having expert knowledge of the
matter under consideration, but need not be bound thereby.
A.
Upon the filing with the Zoning Hearing Board of an
application for a special exception or for variance or any interpretation
from the terms of this chapter, the Board shall fix a reasonable time
and place for a public hearing thereon and shall give at least seven
days' notice as follows:
(1)
By publishing a notice in a newspaper of general
circulation published in Montgomery County and circulated in the Township.
(2)
By mailing or serving due notices thereof to
the parties in interest.
(3)
By mailing or serving notice thereof to the
Board of Supervisors of the Township.
(4)
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 in question, and by posting a notice on the building or
lot, provided that failure to give any notice required by this subsection
shall not invalidate any action by the Zoning Hearing Board.
(5)
By mailing a notice to the Township Planning
Commission.
B.
The notices herein required shall state the location
of the building or other structure or lot and the general nature of
the question involved.
[Amended 5-19-1999 by Ord. No. 170]
Unless otherwise specified by the Zoning Hearing
Board, a special exception or variance shall expire if the applicant
fails to obtain a permit in connection therewith within one year of
the date of authorization thereof. In those instances where land development/subdivision
approval is a necessary prerequisite prior to obtaining a building
permit, the special exception or variance shall expire if the applicant
fails to make a diligent effort to obtain such approval within six
months following the date of approval. Upon receipt of land development
approval, the special exception or variance shall expire if a building
permit is not obtained within six months of the date of the land development
approval.
It shall be the duty of the Zoning Hearing Board
to issue a certificate in any case wherein a special exception or
variance is granted. The Zoning Hearing Board may cancel or revoke
any such certificate for any violation of this chapter or of conditions
imposed.
Any person aggrieved by any decision of the
Zoning Hearing Board or any taxpayer or any officer of the Township
may, within 30 days after any decision of the Zoning Hearing Board,
appeal to the Court of Common Pleas of Montgomery County, by petition
in such form as may be prescribed or authorized by law.
In decisions where construction is allowed,
the decision shall plainly state that before construction commences,
a building permit shall be secured, and such shall be subject to the
regular building fee, just as though the Zoning Hearing Board was
not involved.
