[Amended 7-16-2003 by Ord. No. 1702]
A Zoning Hearing Board is established in order
that the objectives of this chapter may be more fully and equitably
achieved and to provide a means for competent interpretation of this
chapter.
[Amended 8-4-1993 by Ord. No. 1509]
A.
The membership of the Zoning Hearing Board shall consist
of three residents of the Borough appointed by the Borough Council
in accordance with 53 P.S. § 10903(a). The terms of office
shall be three years and shall be so fixed that the term of office
of one member shall expire each year. 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.[1]
B.
The Borough Council may appoint by resolution at least
one but no more than three Borough residents to serve as alternate
members of the Board. The term of office of an alternate member shall
be three years. An alternate shall be entitled to participate in all
proceedings and discussions of the Board to the same and full extent
as provided by law for Board members, including specifically the right
to cast a vote as a voting member during the proceedings, and shall
have all the powers and duties set forth in this act[2] and as otherwise provided by law. Alternates shall hold
no other office in the municipality, including membership on the Planning
Commission and Zoning Officer. Any alternate may participate in any
proceeding or discussion of the Board but shall not be entitled to
vote as a member of the Board nor be compensated pursuant to Section
907 of the Municipalities Planning Code[3] unless designated as a voting alternate member pursuant
to Section 906 of the Municipalities Planning Code.[4]
A.
Officers. The Board shall elect a Chairman from its
membership, shall appoint a Secretary and shall prescribe rules in
accordance with the provisions of the Municipalities Planning Code[1] and this chapter for the conduct of its affairs. The Chairman
or, in his absence, the Acting Chairman may administer oaths and compel
the attendance of witnesses.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Meetings. Meetings shall be open to the public and
shall be at the call of the Chairman and at such other times as the
Board shall specify in its rules or procedures. For the conduct of
any hearing and taking of any action, a quorum shall be not less than
a majority of all members of the Board.
C.
Records and decisions. 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 shall 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
of public record.
D.
Compensation. The Borough Council shall fix per-meeting
compensation for the members of the Board, according to a schedule
adopted by the resolution of the Borough Council upon the enactment
of this chapter or as such schedule may be amended from time to time.
[Amended 8-4-1993 by Ord.
No. 1509[1]]
The Board shall have exclusive jurisdiction over the following:
B.
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefor, the issuance of any cease and
desist order or the registration or refusal to register any nonconforming
use, structure or lot.
C.
Appeals from a determination by a municipal engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
F.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relates to development not involving Article V and/or Article VII of the Municipalities Planning Code.
A.
Applicability. Upon appeal from a decision by the
Zoning Officer, the Zoning Hearing Board shall have the power to vary
or adapt the strict application of any of the requirements of this
chapter where, by reason of exceptional narrowness, shallowness or
shape of a specific tract at the time of the enactment of the chapter
or by reason of exceptional topographic conditions or other extraordinary
and exceptional situations or conditions on such tract, the strict
application of any regulation enacted under this chapter would result
in peculiar and exceptional and undue hardship upon the owner of such
property, but in no other case. (This provision shall in all cases
be interpreted so as to be in strict accordance with the provisions
of the Pennsylvania Municipalities Planning Code, and specifically
53 P.S. § 10910.2, as amended.)[1]
B.
Condition. In general, the power to authorize a variance
from the terms of this chapter shall be sparingly exercised and only
under peculiar and exceptional circumstances.
C.
Requirements and standards. No variance in the strict
application of the provisions of this chapter shall be granted by
the Board unless the Board finds that the requirements and standards
are satisfied. The applicant must prove that the variance will not
be contrary to the public interest and that practical difficulty and
unnecessary hardship will result if it is not granted. In particular,
the applicant shall establish and substantiate that the appeal for
the variance is in conformance with the requirements and standards
set forth in 53 P.S. § 10910.2 of the Pennsylvania Municipalities
Planning Code, as amended, and:[2]
(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 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 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; and
(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.
D.
The Board may prescribe any safeguard that it deems
to be necessary to secure substantially the objectives of the regulation
or provision to which the variance applies.
A.
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose. In any application for a special exception under this chapter the burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community nor that it will violate the purpose and statement of community development objectives found in Article I, § 405-102, of this chapter.
B.
Conditions and safeguards. In granting a special exception,
the Zoning Hearing Board shall make findings of fact consistent with
the provisions of this chapter. The Board shall not approve a special
exception except in conformance with the conditions and standards
outlined in this chapter.
C.
General requirements and standards applicable to all
special exceptions. The Board shall grant a special exception only
if it finds adequate evidence that any proposed development submitted
will meet all of the following general requirements as well as any
specific requirements and standards listed herein for the proposed
use. The Board shall, among other things, require that any proposed
use and location be:
(1)
In accordance with the Borough of Lansdale Comprehensive
Plan and consistent with the sphere, purposes and the intent of this
chapter.
(2)
In the best interest of the Borough, the convenience
of the community and the public welfare and a substantial improvement
to the property in the immediate vicinity.
(3)
Suitable for the property in question and designed,
constructed, operated and maintained so as to be in harmony with and
appropriate in appearance to the existing or intended character of
the general vicinity.
(4)
In conformance with all applicable requirements
of this chapter.
(5)
Suitable in terms of effects on highway traffic
and safety with adequate access arrangements to protect streets from
undue congestion and hazards.
(6)
In accordance with sound standards of subdivision
practice where applicable.
D.
The Zoning Board may impose whatever conditions regarding
layout, circulation and performance it deems necessary to ensure that
any proposed development will secure substantially the objectives
of this chapter.
[Added 7-3-2002 by Ord. No. 1681]
An application for any conditional use as specified
in the various articles of this chapter shall be considered by the
Borough Council according to the following procedures. The Borough
Council may grant conditional use approval, provided that the applicant
complies with the following standards and criteria for conditional
uses and any other reasonable conditions imposed by the Council.
A.
Applicant requirements.
(1)
The application shall be submitted in writing
to the Borough Planning Commission which shall review the proposal
and submit written comments to the Borough Council within 20 days.
(2)
The application shall include a request for
approval of a conditional use and sufficient information to document
compliance with the application standards and criteria of this chapter,
a tentative sketch plan of the proposed development and any study
where deemed necessary by the Borough Engineer. The applicant shall
provide, with the application, a list of every abutting lot owner
and every lot owner directly across the street from the lot or building
in question.
(3)
The Borough Planning Commission shall submit
one copy of the application to the Montgomery County Planning Commission
for its advisory review and other copies to agencies and/or technical
consultants whose review may be relevant.
B.
Public hearing.
(1)
The Borough Council shall schedule a public
hearing thereon within the time requirements of the Municipalities
Planning Code unless the applicant has agreed, in writing, to an extension
of the time limit.
(2)
Public notice of the public hearing, stating
the time, place and the particular nature of the case to be considered,
shall be published in accordance with the requirements of the Municipalities
Planning Code.
(3)
The Borough Council shall consider comments
and recommendations of the Borough and County Planning Commissions,
other advisors and those present at the public hearing prior to deciding
to approve or deny the proposed use. In allowing a conditional use,
the Council may attach such reasonable conditions and safeguards,
in addition to those expressed in the chapter, as it may deem necessary
to implement the purposes of this chapter.
C.
Standards and criteria. In deciding all applications
for conditional uses, the Borough Council shall be guided by the following
standards and criteria:
(1)
The proposed use is permitted by conditional
use, and it will conform to the applicable regulations of the district
in which it is located.
(3)
Points of vehicular access to the lot are provided
at a distance from intersections and other points of access and in
number sufficient to prevent undue traffic hazards and obstructions
to the movement of traffic.
(4)
Location of the site with respect to the existing
public roads giving access to it is such that the safe capacity of
public roads is not exceeded by the estimated traffic attracted or
generated by the proposed use, and traffic generated or attracted
is not out of character with normal traffic using said public roads.
(5)
A determination that the proposed use will not
have an unwarranted impact on traffic in the area, either creating
significant additional congestion in an area of existing congestion
or posing a threat of significant additional congestion where there
is a high probability of future congestion. In addition, Borough Council
shall consider whether the proposed use will create any traffic hazard
dangerous to the public safety.
(6)
Screening of the proposed use from adjacent
uses in sufficient amount to prevent the deleterious impact of the
uses upon each other, considering the type, dimension and character
of the screening.
(8)
The proposed use is suitable for the character
of the neighborhood and the uses of the surrounding properties.
(9)
The proposed use will not impair an adequate
supply of light and air to adjacent property.
(10)
The proposed use will not adversely affect the
public health, safety or general welfare.
(11)
The proposed use will not adversely affect transportation
or unduly burden water, sewer, school, park or other public facilities.
D.
The Borough Council shall render a written decision
on the application within the time requirements set forth in the Municipalities
Planning Code.
E.
Where the Borough Council fails to render a decision
within the period required by the Municipalities Planning Code or
fails to hold the required hearing within the time required by the
Municipalities Planning Code, the decision shall be deemed to have
been rendered in favor of the applicant, unless the applicant has
agreed, in writing or on the record, to an extension of time.
F.
Approval of any conditional use shall expire two years
after the date of approval by the Borough Council if, prior to such
expiration, the applicant fails to obtain a building permit or use
and occupancy permit, unless the Borough Council has agreed, in writing
or on the record, to an extension of time.
[Amended 10-21-2009 by Ord. No. 1779]
The Board shall hear challenges to the validity of this chapter or the Map, except as indicated in Act 247, as amended, the Municipalities Planning Code, 53 P.S. §§ 11002-A and 10916.1. In all such challenges, the Board shall take evidence and make a record thereon as provided in § 405-2302C hereof. At the conclusion of the hearing, the Board shall decide all contested questions and make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
Where the Board has jurisdiction over a zoning matter pursuant to §§ 405-2203, 405-2204 and 405-2207, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues but shall take evidence and make a record thereon provided in § 405-2302C hereof. At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact, which shall become part of the record on appeal to the court.
In exercising the above-mentioned powers, the
Zoning Hearing Board may, in conformity with law and the provisions
of this chapter, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
make such order, requirement, decision or determination as, in its
opinion, ought to be made. Notice of such decision shall forthwith
be given to all parties in interest.
A.
Any appeal from the ruling of the Zoning Officer concerning
the enforcement and interpretation of the provisions of this chapter
shall be filed with the Zoning Officer within 30 days after the date
of the Zoning Officer's adverse decision.
B.
All appeals and applications made to the Board shall
be made in writing on standard forms prescribed by the Zoning Hearing
Board and accompanied by fees prescribed by resolution of the Borough
Council of the Borough of Lansdale.
C.
All appeals and applications shall refer to the specific
provisions of the chapter involved.
Appeals to the Zoning Hearing Board may be taken
by any person or Borough of Lansdale official aggrieved or affected
by any provisions of this chapter or by any decision, including any
order to stop, cease and desist issued by the Zoning Officer in enforcing
the provisions of this chapter.
[Amended 8-4-1993 by Ord. No. 1509]
Upon the filing with the Zoning Hearing Board
of an application for a special exception, variance or interpretation
of this chapter, the Board shall fix a reasonable time for a public
hearing thereon, which 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.
A.
Notices shall be published once each week for two
successive weeks in a newspaper of general circulation in the Borough.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. 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.
Public notice shall be given and written notice shall
be given to the applicant, to the Zoning Officer, to such other persons
as the governing body shall designate by ordinance and to any person
who has made timely request for the same. Written notices shall be
given at such time and in such manner as shall be prescribed by ordinance
or, in the absence of ordinance provision, by rules of the Board.
In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one week prior to the hearing.
C.
A notice thereof shall be mailed to the Borough Secretary
and to each member of the Borough Council and to the Planning Commission
Chairman.
D.
When the Board shall so order, a notice thereof shall
be mailed or delivered to the owner, if his residence is known, or
to the occupier of every lot within 150 feet of the property lot lines
of the lot in question, provided that failure to give a notice required
by this subsection shall not invalidate any action taken by the Board.
E.
A notice herein required shall state the location
of the lot or building and the general nature of the question involved.
The Zoning Hearing Board, in considering any
matter within its jurisdiction, may consult with the Borough of Lansdale
Planning Commission, the Montgomery County Planning Commission or
any other specialists or groups of specialists having expert knowledge
of the matter under consideration but need not be bound thereby.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit or a certificate of occupancy, as the case may be,
within six months from the date of authorization thereof.
Any persons aggrieved by any decision of the
Zoning Hearing Board or any taxpayer or the Borough Council may, within
30 days after such decision of the Board, 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 and specify the grounds upon
which he relies. Such appeals shall be made in accordance with Article
X-A of the Pennsylvania Municipalities Planning Code.[2]
A.
The applicant for any hearing before the Zoning Hearing
Board shall, at the time of making application, pay to the Zoning
Officer for the use of the Council a fee in accordance with a fee
schedule adopted by resolution of the Borough Council upon enactment
of this chapter or as such schedule may be amended from time to time.
B.
Fees for Zoning Hearing Board hearings may include
compensation for the Secretary and members of the Zoning Hearing Board,
notice and advertising costs, and necessary administrative overhead
connected with the hearing. The costs, however, shall not include
legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
[Added 8-4-1993 by Ord. No. 1509]
