[Amended 10-5-1992 by Ord. No. 127-R]
A. The Board of Commissioners shall appoint a Zoning
Hearing Board consisting of three members who are residents of Lower
Pottsgrove Township. The Board of Commissioners shall designate one
such member to serve until the first day of January following the
effective date of this chapter, one to serve until the first day of
the second January thereafter, and one to serve until the first day
of the third January thereafter; shall appoint three 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. A member shall hold no other elected or appointed
office in the Township nor be an employee of the Township. The members
of the Zoning Hearing Board shall be removable for cause by the Board
of Commissioners upon written charges and after a hearing, if such
hearing is requested in writing by the member subject to removal.
[Amended 12-3-2007 by Ord. No. 276]
B. Alternate members.
(1)
The Board of Commissioners may appoint, by resolution,
at least one, but no more than three, residents of the Township 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. Alternates shall hold no other office in the Township
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 unless designated as a voting alternate member.
(2)
If by reason of absence or disqualification
of a member a quorum is not reached, the Chairman of the Board shall
designate as many alternate members of the Board to sit on the Board
as may be needed to provide a quorum. Any alternate member of the
Board shall continue to serve on the Board in all proceedings involving
the matter or case for which the alternate was initially appointed
until the Board has made a final determination of the matter or the
case. Designation of an alternate shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
[Amended 10-5-1992 by Ord. No. 127-R]
The Board shall have the following powers:
A. 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 the Municipalities
Planning Code, 53 P.S. § 10101 et seq., or this chapter
adopted pursuant thereto.
B. 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. In granting
special exceptions as authorized in this chapter, the Zoning Hearing
Board shall consider, inter alia:
(1)
The suitability of the property for the use
desired.
(2)
The effect of the proposed use upon the safety
and health of the immediate neighborhood and the general public therein.
(3)
The effect of the proposed use upon the character
of the immediate neighborhood so as to conserve the value of existing
buildings and encourage the most appropriate use of the land.
C. To authorize upon appeal, in special cases, such variance
from the terms of this chapter that the Board shall feel 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 justice done.
D. To hear and decide substantive challenges to the validity
of any land use ordinance except those brought before the Board of
Commissioners as landowner curatives.
E. To hear and decide challenges to the validity of a
land use ordinance raising procedural questions or alleged defects
in the process of enactment or adoption, which challenges shall be
raised by an appeal taken within 30 days after the effective date
of said ordinance. Where the Township ordinance appealed from is the
initial Zoning Ordinance of the Township and a Zoning Hearing Board
has not been previously established, the appeal raising procedural
questions shall be taken directly to court.
In exercising the above-mentioned powers, the
Board may reverse or affirm, wholly or in part; may modify the order,
requirement, decision or determination appealed from; and may make
such order, requirement, decision or determination as ought to be
made; and to that end shall have all the powers of the officer from
whom the appeal is taken. Notice of the Board's decision shall forthwith
be mailed to the applicant, the property owner and other interested
parties.
The Board shall adopt rules of procedure in accordance with the several provisions of this chapter and the requirements of Article
IX of the Municipalities Planning Code as to the manner of filing appeals, applications for special exceptions or for variances from the terms of this chapter, and as to the conduct of the business of the Board.
Meetings of the Board shall be held at the call
of the Chairman and at such 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 minutes of its proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact; 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 a public record.
[Amended 10-5-1992 by Ord. No. 127-R]
Upon the filing with the Board of an application
for a special exception or for variance from the terms of this chapter,
the Board shall fix a reasonable time and place for a public hearing
thereon and shall give 10 days' notice as follows:
A. By publishing a notice thereof once in a newspaper
of general circulation published or circulated in the Township.
B. By mailing or serving due notice thereof to the parties
in interest and to conspicuously post the affected tract of land at
least one week prior to the hearing.
C. By mailing or serving due notice thereof to the Township.
D. When the 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 the said lot or building, provided
that failure to give notice required by this section shall not invalidate
any action taken by the Board.
E. The notices herein required shall state the location
of the building or lot and the general nature of the question involved.
The Zoning Hearing Board shall render a written
decision or, when no decision is called for, make written findings
on the application within 45 days. Each decision shall be accompanied
by findings of fact and conclusions based thereon together with the
reasons therefor.
A. A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
B. To all other persons who have filed their name and
address with the Board not later than the last day of the hearing,
the Board shall provide by mail or otherwise brief notice of the decision
or findings and a statement of the place at which the full decision
or findings may be examined.
[Amended 12-1-1980 by Ord. No. 127-I]
In any instance where the Zoning Hearing Board
is required to consider a variance or special exception from this
chapter or map in accordance with the provisions of this chapter,
the 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 this chapter.
B. Determine that the proposed change will not substantially
injure or detract from the use of neighboring 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 interests 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. Consider the suitability of the proposed location
of an industrial or commercial use with respect to probable effects
upon highway traffic and assure adequate access arrangements in order
to protect major streets from undue congestion and hazard.
F. Be guided in its study, review and recommendation
by sound standards of subdivision practice where applicable.
G. Impose such conditions, in addition to those required,
as are necessary to assure that the intent of this chapter 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;
and adequate standards of parking and sanitation.
H. With respect to a variance, determine that there are
special circumstances or conditions fully described in the findings
applying to the land or buildings for which the variance is sought,
which circumstances or conditions are such that the application of
the provisions of this chapter would deprive the applicant of the
reasonable use of such land or buildings.
I. Determine that the unique circumstances for which
the variance is sought were neither created by the owner of the property
nor were due to or the result of general conditions in the district
in which the property is located.
J. Requests for special exceptions or variances in any
Floodplain Conservation District shall be considered by the Zoning
Hearing Board in accordance with the following procedures:
(1)
An affirmative decision shall not be issued
by the Zoning Hearing Board within the designated floodway if any
increase in the flood levels during the base flood discharge would
result.
(2)
Affirmative decisions shall only be issued by
the Zoning Hearing Board upon: a) a showing of good and sufficient
cause; b) a determination that failure to grant the appeal would result
in exceptional hardship to the applicant; and c) a determination that
the granting of an appeal will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud or victimization of the public or conflict
with existing local laws or ordinances.
(3)
Affirmative decisions shall only be issued upon
determination that it is the minimum necessary, considering the flood
hazard, to afford relief.
(4)
The Zoning Hearing Board shall notify the applicant in writing over the signature of community officials that the issuance of a decision to allow construction of a structure below the one-hundred-year-flood elevation will result in increased premium rates for flood insurance; such construction below the one-hundred-year-flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection
J(5) of this section; and any variance granted to the elevation requirement, any portion of the structure built below 1 1/2 feet above the one-hundred-year flood elevation shall be floodproofed to that level according to the W1-W2 classification in the Flood Proofing Regulations, U.S, Army Corps of Engineers, Pamphlet EP 1165 2 314.
(5)
The Zoning Hearing Board shall: a) maintain
a record of all decisions including justification for their issuance;
and b) report such decisions issued in its annual report submitted
to the Federal Insurance Administration.
At least 10 days before the date of hearing
required by law for an application for special exception or variance
before the Zoning Hearing Board, the Secretary of such Board may transmit
to the Planning Commission a copy of the notice of hearing and other
information as may have been furnished by the applicant or the Zoning
Officer. Following the public hearing, the Zoning Hearing Board may
transmit to the Planning Commission a transcript of the public hearing
and any other briefs presented in evidence. The Board shall not take
final action on any special exception or variance until it has received
the advisory opinion of the Planning Commission, provided that opinion
is received within two weeks after the Zoning Hearing Board transmitted
the transcript of record.
The Zoning Hearing Board in considering any
matter within its jurisdiction may consult with the Lower Pottsgrove
Township Planning Commission, the Montgomery County Planning Commission
or any other specialist or groups of specialists having expert knowledge
of the matter under consideration.
Unless otherwise specified by the Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit within six months of the date of authorization thereof.
Any persons aggrieved by the decision of the
Board may within 30 days thereafter appeal to the Court of Common
Pleas of Montgomery County by petition duly verified setting forth
the grounds upon which said appeal is taken.
[Amended 12-3-2007 by Ord. No. 276]
Application before the Zoning Hearing Board
as herein provided shall be accompanied by a payment to the Township
in accordance with a fee schedule adopted by resolution of the Board
of Commissioners following the enactment of this chapter.