[Amended 5-14-1990 by Ord. No. 82; 4-14-2003 by Ord. No. 167]
The Board of Supervisors hereby creates a Zoning Hearing Board, herein referred to as the “Board,” consisting of five residents of the Township appointed by the Board of Supervisors pursuant to Article
IX of the Pennsylvania Municipalities Planning Code who shall perform all the duties and have all the powers prescribed by the Pennsylvania Municipalities Planning Code and this chapter. The Board of Supervisors may, in its discretion, also provide for the appointment of between one and three alternate members to the Zoning Hearing Board.
[Amended 5-14-1990 by Ord. No. 82; 4-14-2003 by Ord. No. 167]
Members and alternate members of the Board,
if so appointed by the Board of Supervisors, shall be appointed by
resolution. Members shall serve five-year terms which shall be so
fixed that the term of office of not more than one member shall expire
each year. Alternate members shall serve three-year terms. If the
Board of Supervisors appoints more than one alternate member, the
terms shall be so fixed so that the term of office of no more than
one) alternate member shall expire each year. Members and alternate
members of the Board shall hold no other office in the Township.
Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the governing body which appointed the member, taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held if the Board member requests
one in writing.
Vacancies shall be filled by appointment by
the governing body for the unexpired portion of the term.
Meetings of the Board shall be held at the call
of the Chairman and at such other 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 a full public record of
its proceedings showing the vote of each member upon each question
or, if absent or failing to vote, indicating such fact. The Board
shall keep records of its examinations and other official action,
all of which shall be immediately filed with the Secretary of the
governing body and shall be a public record. The Board shall submit
an annual report each year to the governing body.
[Amended 5-14-1990 by Ord. No. 82]
For the conduct of any hearing and the taking of any action, a quorum shall be not fewer than two members. If a quorum does not exist for any particular hearing and if the governingbody has appointed alternate members to the Board, the Chairman of the Board may designate as many alternate members of the Board to sit on the Board as may be required to provide a quorum in accordance with the regulations contained in Article
IX of the Pennsylvania Municipalities Planning Code. The Board may also appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 184-68B of this chapter. Alternate members, if any, of the Board shall have the right to participate in all hearings of the Board but shall be entitled to vote only as provided in Article
IX of the Pennsylvania Municipalities Planning Code.
The Zoning Hearing Board shall have the following
powers:
A. The Zoning Hearing Board shall have jurisdiction of all matters set
forth in Section 909.1(a) of the MPC.
[Amended 3-27-2017 by Ord. No. 237]
B. The Zoning Hearing Board shall exercise all powers and perform all of its duties in accordance with Article
IX of this MPC and with this chapter.
[Amended 3-27-2017 by Ord. No. 237]
C. A variance or special exception shall expire if the
applicant fails to obtain a zoning permit to authorize construction
within 12 months from the date of authorization thereof by the Board
or by the Court if such special exception or variance has been granted
after an appeal or fails to complete any erection, construction, reconstruction,
alteration or change in use authorized by special exception or variance
approval within 12 months from the date of issuance of the zoning
permit, unless the Board or the Court establishes a different time
period within which to obtain a permit or complete construction in
the decision or order approving the requested special exception or
variance. If the Board grants a special exception or a variance and
the Board's decision is appealed by protesting parties, the running
of the time periods shall be suspended during the pendency of the
appeal or appeals by protesting parties; provided, however, that if
the applicant obtains a permit and commences construction authorized
by the Board during the pendency of an appeal, the twelve-month period
within which to complete construction shall commence on the date the
landowner obtains the zoning permit.
[Amended 1-27-2003 by Ord. No. 164; 3-27-2017 by Ord. No. 237]
D. Variances. The Board shall have the power to authorize,
upon appeal in specific cases, such variance(s) from the terms of
this chapter as 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 particular difficulty or unnecessary
hardship. In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purpose of this chapter. The Board may, by rule, prescribe the form
of application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that the following
findings are made where relevant in a given case:
[Amended 2-6-1979 by Ord. No. 1-1979]
(1) That there are unique physical circumstances, including
irregularity, narrowness or shallowness of lot size or of 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 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 said special circumstances or conditions have
not resulted from any act of the applicant subsequent to the adoption
of this chapter, whether in violation of the provisions hereof or
not, and that such circumstances or conditions are such that strict
application of the provisions of this chapter would deprive the applicant
of the reasonable use of such land, structure or building.
(4) That, for reasons fully set forth in the findings
of the Board, the granting of the variance is necessary for the reasonable
use of the land or buildings and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
(5) That the granting of the variance under such conditions
as the Board may deem necessary or desirable will be in harmony with
the general purpose and intent of this chapter, will not be injurious
to the neighborhood or otherwise detrimental to the public welfare
and will not alter the essential character of the neighborhood or
district in which the property is located.
(6) That any variance granted shall be subject to such
conditions as will assure that the adjustment thereby authorized shall
not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district in
which the subject property is situated nor substantially or permanently
impair the appropriate use or development of adjacent property.
(7) That no nonconforming use of neighboring lands, structures
or buildings in the same district and no permitted or nonconforming
use of lands, structures or buildings in other districts shall be
considered grounds for the granting of a variance.
(8) That in no case shall a variance be granted solely
for reasons of additional financial gain on the part of the applicant.
E. Special exceptions.
(1) When special exceptions are provided for in this
chapter, the Board shall hear and decide requests for such special
exceptions in accordance with stated standards and criteria. 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 the Pennsylvania
Municipalities Planning Code and this chapter. The Board may grant approval of a special
exception, provided that the applicant complies with the following
standards for special exceptions and that the proposed special exception
shall not be detrimental to the health, safety or welfare of the neighborhood.
The burden of proof shall rest with the applicant.
[Amended 5-14-1990 by Ord. No. 82; 2-13-1995 by Ord. No. 106]
(a)
The applicant shall establish by credible evidence
compliance with all conditions, requirements and performance standards
for the special exception enumerated in the section which gives the
applicant the right to seek the special exception.
(b)
The applicant shall establish by credible evidence
that the proposed special exception shall be properly serviced by
all existing public service systems. The peak traffic generated by
the subject of the application shall be accommodated in a safe and
efficient manner or improvements made in order to effect the same.
Similar responsibilities shall be assumed with respect to other public
service systems, including but not limited to police protection, fire
protection, utilities, parks and recreation.
(c)
The applicant shall establish by credible evidence
that the proposed special exception shall be in and of itself properly
designed with regard to internal circulation, parking, buffering and
all other elements of proper design as specified in this chapter and
any other governing law or regulation.
(d)
The applicant shall provide the Board with sufficient
plans, studies or other data to demonstrate compliance with all applicable
regulations.
(e)
The proposed special exception shall not substantially
injure or detract from the use of neighboring property or from the
character of the neighborhood, and the use of property adjacent to
the area included in the special exception application shall be adequately
safeguarded.
(f)
The Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of and ensure compliance with the Pennsylvania Municipalities Planning
Code and this chapter, which conditions may include plantings
and buffers, harmonious designs of buildings and the elimination of
noxious, offensive or hazardous elements.
(2) Each application for a special exception and any exhibits
that were submitted with the application shall be submitted to the
Planning Commission for its review and recommendations. If the Planning
Commission does not make any recommendations within 30 days, it shall
be deemed that the Planning Commission has recommended approval of
the application for a special exception.
(3) In addition to the conditions and guiding principles
enumerated above, the following standards and criteria must be met
for the granting of any special exception:
(a)
Churches or similar places of worship in an
A District shall meet all of the parking requirements of § 184-31D(2).
No buildings or accessory buildings shall be closer than 50 feet to
any lot line.
(b)
Public or private schools in an A District shall
not be located closer than 150 feet to any lot line. Minimum standards
for site size, as established by the Commonwealth of Pennsylvania,
for public school buildings shall be required for all schools.
(c)
Structures housing more than 300 head of livestock
in an A District shall not be located within 300 feet of another zoning
district or any existing residences, other than the residence of the
farmer, located within the A District. A minimum lot size of five
acres shall be required, and side and rear minimum yard dimensions
shall be 200 feet.
[Amended 2-6-1979 by Ord. No. 1-1979]
(d)
Public or private outdoor recreation areas and facilities in an R-1 District shall have a minimum lot size of two acres. All lot lines abutting residential districts along the side or rear shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures of a minimum height of four feet and a maximum height of seven feet. Lighting shall meet the requirements of §
184-31G.
(e)
Gas stations, drive-in restaurants or wholesale businesses in a C-2 District shall be required to submit plans showing anticipated traffic flow, points of ingress and egress and a statement as to probable effects on local traffic. Ingress and egress shall not be located closer than 50 feet to any intersection. No vehicles or parts shall be located in any required yards. Yards adjacent to residential districts shall be suitably screened in accordance with §
184-32E. Main or accessory buildings shall not be located closer than 35 feet to any residential district. Lighting shall meet the requirements of §
184-31G. Gas stations shall be limited to sales and minor repair. Signs shall be limited to 80 square feet and shall meet all other requirements of §
184-35C.
(f)
Car washes in a C-2 District shall be limited
to the service of cleaning or waxing of vehicles. The lot shall be
graded in such a way that water does not run off across the lot nor
onto a public street. Waiting spaces shall be provided at a rate of
five vehicles for each automatic or semiautomatic car wash bay. Hours
of operation shall be limited to 7:00 a.m. to 7:00 p.m., so as not
to inconvenience adjacent property owners.
[Amended 2-6-1979 by Ord. No. 1-1979; 5-14-1990 by Ord. No. 82; 1-27-2003 by Ord. No. 164; 3-27-2017 by Ord. No. 237]
The Zoning Hearing Board shall conduct hearings and shall render decisions in accordance with Article
IX of the MPC. The Zoning Hearing Board shall provide notice of its hearings and its decisions in accordance with Article
IX of the MPC.
Upon filing of any proceeding referred to in §
184-67A and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
[Amended 2-6-1979 by Ord. No. 1-1979]
In addition to any other information required
by this Article, an appeal or application to the Zoning Hearing Board
shall state:
A. The name and address of the appellant or applicant.
B. The name and address of the owner of the real estate
to be affected.
C. A brief description of the location of the real estate
to be affected by such proposed change, together with a plot plan
drawn to scale with sufficient clarity to show the nature and character
of the request.
D. A statement of the present zoning classification of
the real estate in question, the improvements thereon and the present
use thereof.
E. A statement of the section of this chapter under which
the variance or special exception requested may be allowed and reasons
why it should be granted.
F. No application or appeal is complete without the required filing
fee.
[Added 3-27-2017 by Ord.
No. 237]
G. Signature of applicant and, if different, signature of landowner.
[Added 3-27-2017 by Ord.
No. 237]
[Added 9-28-2009 by Ord. No. 206; amended 11-9-2009 by Ord. No.
207]
A. The Board of Supervisors shall hear requests for conditional use
applications, as permitted under the provisions of this Zoning Ordinance.
By so providing, the Board of Supervisors recognizes that certain
uses may or may not be appropriate at every location within any specific
district and, where it appears that a conditional use fails to comply
with all of the definitional aspects thereof or would be contrary
to the public health, safety, morals and/or welfare of the community
at specific locations within a district, that the use would not be
permitted there.
B. In granting any conditional use, the Board of Supervisors may attach
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of this Zoning Ordinance and the Pennsylvania
Municipalities Planning Code.
C. As part of the submission requirements for a conditional use application,
a preliminary subdivision plan or preliminary land development plan
may be submitted by the applicant in accordance with the procedures
and requirements specified by West Earl Township.
D. All of the standards for conditional uses hereinafter set forth shall,
where relevant, apply to all conditional uses within West Earl Township
and are deemed definitional in character so that the failure to comply
with any standards shall be deemed a failure to bring the applicant
within that definitional aspect for which a conditional use may be
granted; or, in the discretion of the Board of Supervisors, such failure
to comply with the standards may be deemed a basis for the impositions
of appropriate conditions to such grant. It is further the intention
of the Board of Supervisors that the standards hereinafter described
shall be deemed additional standards and shall in no way impair any
other applicable standard described elsewhere in this Zoning Ordinance.
Where there is a conflict between the standards established for a
conditional use application and other standards elsewhere established
by this Zoning Ordinance or other applicable ordinances, it is intended
that the more stringent thereof shall apply, and it is not the intent
of this article to abrogate or impair any other such standards or
requirements.
E. The Board of Supervisors shall consider the following general issues
and site requirements prior to rendering its decision on a conditional
use application:
(1)
That such use is generally consistent with the Conestoga Valley
Region Strategic Comprehensive Plan.
(2)
The property is suitable for the proposed use desired and is
capable of being developed in accordance with the provisions established
by this Zoning Ordinance.
(3)
The minimum and maximum dimensional requirements for the proposed
use within the appropriate zoning district shall be held in compliance
by the applicant.
(4)
The proposed use shall not have a substantial adverse impact
to the public health, safety, morals and/or public welfare of the
community.
(5)
The applicant shall provide evidence with supporting documentation
that the capacity of the road system providing access to the property
or lot in question has sufficient capacity to accommodate the use
or will have sufficient capacity to accommodate the use with improvements
proposed by the applicant.
(6)
The applicant shall provide evidence with supporting documentation
that the interior traffic circulation for the proposed use at the
proposed location, including but not limited to acceleration and deceleration
lanes where required at the proposed entrances to the location, shall
be adequate to provide safe and convenient circulation for the proposed
use as well as all emergency management vehicles and maintenance vehicles
that may require entrance thereon.
(7)
For commercial, industrial and institutional uses, the applicant
shall provide evidence with supporting documentation the facility
or use provides safe and convenient pedestrian access and internal
circulation within the grounds of the facility and particularly for
points of access from the facility to the parking areas.
(8)
For commercial, industrial and institutional uses, the applicant
shall provide evidence with supporting documentation that adequate
screening and buffering is provided between the lands in question
and surrounding residential uses and residentially zoned districts
to preclude any glare from lighting or noise from being ascertainable
beyond the boundaries of the property.
(9)
The applicant shall provide evidence with supporting documentation
that the local fire departments have the abilities to provide adequate
fire protection and emergency management services for the proposed
use.
(10)
The applicant shall provide evidence with supporting documentation
that adequate water supply and pressure is available for fire-fighting
purposes without adversely impairing the uses of the water supply
for ordinary purposes and shall be in compliance with all applicable
governmental regulations.
(11)
For commercial, industrial and institutional uses, where in
the opinion of the Board of Supervisors, the use or facility may require
supervision and protection, the applicant shall provide evidence with
supporting documentation that additional security measures will be
accounted for by the owner or site manager so the facility or use
does not create a continuous burden on the emergency management services
and providers.
(12)
The applicant shall provide evidence with supporting documentation
that the existing or proposed sanitary sewage disposal facilities
have sufficient capacity for the proposed use. Where on-lot sewage
disposal methods are permitted, the applicant shall consult with the
West Earl Township Sewage Enforcement Officer to determine if on-lot
sewage disposal is a viable option, considering the proposed use,
wastewater flow and site characteristics.
(13)
The applicant shall provide evidence with supporting documentation
that the existing or proposed municipal water supply facilities have
sufficient capacity for the proposed use. Where on-lot water supply
methods are permitted, the applicant shall consult with a qualified
hydrogeologist to determine if on-lot water supply is a viable option
considering the proposed use, groundwater supply and site characteristics.
(14)
The applicant shall provide a statement indicating that there
will be no increase in surface water runoff and erosion at the boundaries
of the facility as a result of the site improvements.
F. The following provisions shall apply for the public hearing procedures
and administrative requirements for all conditional use applications
within West Earl Township:
(1)
The Board of Supervisors shall schedule, advertise, and conduct
a public hearing or hearings on the conditional use application, and
shall render a decision on the conditional use application, in accordance
with the requirements of the Pennsylvania Municipalities Planning
Code. The request for a hearing shall be accompanied by a completed
application on required form. The date for the scheduling of the first
hearing may be extended by the applicant on the record or in writing
addressed to the Board of Supervisors, in which event the date agreed
upon by the applicant shall be considered timely.
(2)
As part of the conditional use hearing, the Board of Supervisors
shall consider those comments issued by the West Earl Township Planning
Commission, Zoning Officer, Engineer, the appointed professional consultants
and all other agencies providing comments, as may be authorized by
West Earl Township and the Pennsylvania Municipalities Planning Code.
(3)
Any substantial revisions to the application or plan made by
the applicant subsequent to filing of the application or plan or its
review by the Planning Commission shall be subject to review and recommendation
by the Planning Commission as specified by this Zoning Ordinance.
In such event, the Zoning Officer shall secure from the applicant
a written extension of the date within which the Board of Supervisors
must hold a public hearing pursuant to the provisions of this Zoning
Ordinance. If the applicant fails to execute the extension, the Board
of Supervisors shall decide the conditional use application on the
basis of the plan and application as originally filed.
G. Nothing in this section shall be construed to relieve the applicant
for a conditional use approval from obtaining all other required approvals
mandated by West Earl Township as well as other pertinent laws, ordinances
and regulations that have been adopted by local, state and federal
agencies. This may include the submission of a subdivision plan and/or
land development plan to be prepared by the applicant and submitted
to West Earl Township for review and consideration.
H. Unless otherwise specified by the Board of Supervisors in its decision
and order, a conditional use approval shall expire if the applicant
does not secure a building permit or, if no building permit is required,
then a use and occupancy permit, within 12 months from the date of
the Board's written approval of the conditional use application, unless
the applicant makes written application to the Board of Supervisors
for an extension of time, which shall be based upon reasonable cause
shown. No formal hearing shall be required by the Board of Supervisors
in the consideration of such application. An extension of time may
be granted by the Board of Supervisors for a period of time considered
appropriate by the Board of Supervisors.
I. As part of the conditional use application, the Board of Supervisors
may consider certain background studies, plans and/or reports that
may be required as supplemental documentation to support the conditional
use application. The Board of Supervisors shall reserve the right
to either require, not require, or defer the submittal of certain
background studies, plans and/or reports as part of the conditional
use application. If not required or deferred as part of the conditional
use application, the required background studies, plans and/or reports
shall be appropriately considered by West Earl Township as part of
the application for a subdivision plan, land development plan and/or
permit.