[Amended 1-4-1982 by Ord.
No. 1982-1]
The Board of Supervisors shall appoint the Zoning Hearing Board,
consisting of five members and alternate member(s), as provided by
law.
[Amended 11-14-1994 by Ord. No. 1994-4]
A.
The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance,
except those brought before the governing body pursuant to 53 P.S. §§ 10609.1
and 10916.1(a)(2).
(2)
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 ordinance appealed
from is the initial Zoning Ordinance of the municipality and a Zoning
Hearing Board has not been previously established, the appeal raising
procedural questions shall be taken directly to court.
(3)
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.
(4)
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.
(5)
Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to 53 P.S. § 10910.2.
(6)
Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to 53 P.S. § 10912.1.
(7)
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.
(8)
Appeals from the Zoning Officer's determination under 53 P.S. § 10916.2.
(9)
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 relate to development not involving applications under Article V or VII of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The governing body or, except as to Subsection B(3), (4) and (5), the planning agency, if designated, shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
All applications for approvals of planned residential developments under Article VII, pursuant to the provisions of 53 P.S. § 10702.
(2)
All applications pursuant to 53 P.S. § 10508 for approval of subdivisions or land developments under Article V. Any provision in a subdivision and land development ordinance requiring that final action concerning subdivision and land development applications be taken by a planning agency rather than the governing body shall vest exclusive jurisdiction in the planning agency in lieu of the governing body for purposes of the provisions of this subsection.
(3)
Applications for conditional use under the express provisions of
this chapter, pursuant to 53 P.S. § 10603(c)(2).
(4)
Applications for curative amendments to this chapter, pursuant to
53 P.S. §§ 10609.1 and 10916.1(a)(2).
(5)
All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in 53 P.S. § 10609. Any action
on such petitions shall be deemed legislative acts, provided that
nothing contained in this subsection shall be deemed to enlarge or
diminish existing law with reference to appeals to court.
(6)
Appeals from the determination of the Zoning Officer or the Municipal Engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to application for land development under Articles V and VII of the Pennsylvania Municipalities Planning Code.[2] Where such determination relates only to development not involving an Article V or VII application, the appeal from such determination of the Zoning Officer or the Municipal Engineer shall be to the Zoning Hearing Board pursuant to Subsection A(9). Where the applicable land use ordinance vests jurisdiction for final administration of subdivision and land development applications in the planning agency, all appeals from determinations under this subsection shall be to the planning agency, and all appeals from the decision of the planning agency shall be to court.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(7)
Applications for a special encroachment permit pursuant to 53 P.S. § 10405
and applications for a permit pursuant to 53 P.S. § 10406.
[Amended 11-14-1994 by Ord. No. 1994-4]
The Zoning Hearing Board shall make rules, consistent with Township
ordinances or laws of the commonwealth, as to the manner of filing
appeals or applications for special exceptions or for variances from
the terms of this chapter.
Meetings of the Zoning Hearing 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 minutes of
its proceedings, showing the vote of each member upon each question
or, if absent or failing to vote, indicate such facts, and shall keep
records of its examinations and of the official actions, all of which
shall be immediately filed in the office of the Board and shall be
a public record.
[Amended 11-14-1994 by Ord. No. 1994-4]
Appeals and applications to the Zoning Hearing Board may be
taken by any person aggrieved by a decision hereunder in the manner
and within the time limits specified by the Pennsylvania Municipalities
Planning Code[1] and regulations of the Zoning Hearing Board.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 11-14-1994 by Ord. No. 1994-4]
A.
Upon the filing with the Zoning Hearing Board of an appeal or of
an application for special exception or for variance from the terms
of this chapter, the Board shall fix a reasonable time and place for
a public hearing to be held within 60 days of the docketing of the
application by the Township thereon and shall give public notice thereof,
as well as due notice to the parties in interest, and shall decide
the same within 45 days of the last hearing. Any party may appear
at the public hearing in person or by attorney or authorized representative.
The notice of public hearing shall state the location of the building
or lot and the general nature of the question involved and shall be
given as follows:
(1)
By publishing a notice thereof once a week for two successive weeks
in a newspaper of general circulation in the Township.
(2)
By serving a notice thereof on the Township Secretary and on the
Board of Supervisors.
(3)
By serving a notice thereof upon the owner, if his residence in the
Township is known, and upon the tenant or occupier of every house
on the same street within 200 feet of the lot or building in question
and of every house not on the same street within 100 feet of such
lot or building, provided that failure to give notice required by
this section shall not invalidate any action taken by the Zoning Hearing
Board.
B.
The applicant shall cause notice of said hearing to be conspicuously
posted on the affected property at least one week prior to the hearing.
Failure to post notice as required shall result in the postponement
of the hearing until such requirement is met. In the event of a postponement
of the hearing, the applicant shall pay the same fees for the postponed
hearing as for a continuance. Proof of posting shall satisfy this
requirement.
C.
All parties, including party protestants, are entitled to the notice
of the decision of the Zoning Hearing Board. Notice may be verbal
in the case where the application is approved or denied; however,
where findings of fact and conclusions of law are made, all parties
shall receive copies of said written decision. Further, any appeal
taken by any party, including party protestants, shall entitle all
parties, including party protestants, to notice of the appeal to be
given by the party filing said appeal.
[Amended 9-8-1980 by Ord.
No. 1980-14]
A.
Where an application for a special exception is made, the applicant
shall have the burden of showing that the proposed use is appropriate
and in harmony with the general purpose and intent of this chapter.
Specifically, the applicant shall show the following:
(1)
That his application falls within the provision of this chapter which
accords the applicant the right to seek a special exception.
(2)
That the use is not prejudicial to the character of the immediate
vicinity and will not have a detrimental effect on neighboring properties.
(3)
That the use is suitable for the property in question and is designed,
constructed, operated and maintained to be in harmony with and appropriate
in appearance with the existing or intended character of the immediate
vicinity.
(4)
That water, sewage, stormwater drainage, fire and police protection
are or can be provided for the use.
(5)
That the use is physically suitable for the site, and there are not
topographical, soil, geologic, drainage or environmental features
which would cause the proposed development to adversely affect the
health, safety and welfare of the neighboring property or the Township.
(6)
That the use is consistent with the statement of community development
objectives of the Township Planning Study, adopted December 31, 1971,
as amended and/or supplemented, including the revised Comprehensive
Plan of December 27, 2001.
C.
General standards. In determining whether the allowance of the special
exception is contrary to the public interest, the Zoning Hearing Board
shall consider whether the application, if granted, will:
[Amended 9-8-1980 by Ord.
No. 1980-14]
(1)
Substantially increase traffic congestion on streets to such a high
degree of probability that it will adversely affect the health, safety
and welfare of the community;
(2)
Increase the danger of fire or panic or otherwise endanger the public
safety;
(3)
Overcrowd the land or create an undue congestion of population;
(4)
Impair stormwater management or cause soil erosion;
(5)
Impair an adequate supply of light and air to adjacent property;
(6)
Be consistent with the character of the surrounding neighborhood;
(7)
Be detrimental to other properties in the area;
(8)
Affect the character of the immediate neighborhood by failing to
conserve the values of existing buildings and to encourage the most
appropriate use of the land;
(9)
Adversely affect the community development objectives as set forth
in this chapter;
(10)
Adversely affect off-street parking;
(11)
Substantially burden water, sewers, groundwater, schools, parks
and other public facilities; and/or
(12)
Otherwise adversely affect the public health, safety, morals
or public welfare.
D.
Specific standards. The following are specific physical requirements
governing the granting of special exceptions:
(1)
Nonprofit clubs or lodges in residential districts shall be permitted
only under the following limitations:
(a)
Where the club or organization proposes the operation of a swimming
pool, it shall either own or have available for its use a tract of
land in one piece of not less than 10 acres devoted and committed
exclusively for swimming pool purposes.
(b)
The Zoning Hearing Board shall determine whether or not appropriate
arrangements can be made for the following items and, if so, shall
impose conditions and restrictions with respect to:
[1]
Location of the pool and buildings, such as a clubhouse or change
or pump house on the tract.
[2]
Hours of operation.
[3]
Off-street parking facilities.
[4]
Lighting.
[5]
Amplification system.
[6]
Landscaping.
[7]
Sanitary and safety regulations and noise control.
[8]
Allied activities.
[9]
Number of members.
[10]
Drainage regulations.
[11]
Regulations governing water supply.
[12]
Operation of the pool, including requirements
for lifeguards, watchmen or supervisors.
[13]
Such other regulations as may be determined by
the Board.
(2)
A golf course may be permitted on a tract of land of not less than
100 acres for an eighteen-hole course and not less than 50 acres for
a nine-hole course when all of such land is devoted and committed
exclusively for golf purposes. The Board, in granting an exception,
shall require appropriate conditions and provisions with respect to:
(a)
Location of the golf course on the tract, as well as the location
of a clubhouse and parking facilities.
(b)
Hours of operation.
(c)
Off-street parking facilities.
(d)
Outside lighting.
(e)
Outside amplification system.
(f)
Allied activities.
(g)
Number of members.
(h)
Drainage regulations.
(i)
Such other regulations as may be determined by the Board.
(3)
Nonprofit clubs conducting activities other than swimming pools and
golf courses shall be required to provide adequate off-street parking
for members and guests of the club and shall submit to the Board a
plan showing the proposed operation of the club and the construction
and location of the building to be used for the purposes of the club,
including parking facilities, and, if the Board is satisfied that
the club may be operated in a residential community without being
detrimental thereto, an exception may be granted for the use of the
property or building by such nonprofit club.
[Amended 9-8-1980 by Ord.
No. 1980-17]
(4)
Professional offices in residence districts shall:
[Amended 9-8-1980 by Ord.
No. 1980-16]
(a)
Not exceed 20% of the gross floor area of the building.
(b)
Be contained within the principal dwelling of the professional.
(c)
Not employ more than two persons, other than the resident occupant
of the property.
(d)
Provide adequate off-street parking for both employees and clients.
(e)
Provide landscape buffering for abutting residential uses.
The following are references to specific special exceptions
as provided for in this chapter:
|
District or Subject
|
Section
|
Description
|
|---|---|---|
|
R-1, R-1A, R-2 and R-3 Residence Districts
|
Nonprofit club
| |
|
Nonprofit school, church, religious or philanthropic use, excluding
residential clientele
| ||
|
§ 172-29A(1)(g)[1]
|
Multistory garage as an accessory use
| |
|
R-1 Residence District
|
§ 172-29A(1)(g)[2]
|
Professional office as an accessory use
|
|
R-1, R-1A, R-2 and R-3
|
§ 172-29A(1)(g)[3]
|
No-impact home-based business
|
|
R-4 and R-4A Residence Districts
|
§§ 172-37C(4) and 172-44A
|
Professional office as an accessory use
|
|
A-O Apartment Office District
|
§ 172-58C
|
Recreational use as an accessory use
|
|
§ 172-59G
|
Building frontage, length, depth and attachment angle
| |
|
§ 172-60G
|
Mixed use of apartments and service offices
| |
|
C-1 Commercial District
|
§ 172-70G
|
Building used as a restaurant, cafe, catering establishment
or for food cooking or dispensing for off-premises consumption
|
|
§ 172-70L
|
Building used as a public garage, motor vehicle service station,
sales agency, repair shop or battery service station
| |
|
§ 172-70M
|
All accessory uses
| |
|
C-2 Commercial District
|
§ 172-74F
|
Building used as a restaurant, cafe or catering establishment
|
|
§ 172-74I
|
Motor vehicle repair shop and/or outdoor garden center as accessory
to retail store
| |
|
§ 172-74K
|
All accessory uses
| |
|
§ 172-74L
|
Outdoor or unenclosed uses
| |
|
Setbacks
|
§ 172-107
|
If setbacks are greater than minimum in any district or less
than 20 feet in commercial districts
|
|
R-1, R-2, and R-3 Residence and SU-1 and SU-2 Special Use Districts
|
§ 172-111
|
Building conversion into two-family or multifamily dwelling
|
|
Signs
|
§ 172-127B
|
Nonconforming signs
|
|
Outdoor lighting
|
§ 172-129A
|
Height increase over 25 feet for areas over 50,000 square feet
|
|
Prior off-street parking
|
Appendix A[1]
|
Minimum spaces required (but may not in fact be possible)
|
|
Nonconforming uses
|
§ 172-141B
|
Extension of nonconforming use
|
|
§ 172-141C
|
Changes to nonconforming use of building or land
|
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A variance is a deviation from the use permitted in a zoning
district or the dimensional requirements in a zoning district for
the uses permitted therein. In order to establish the right to a variance,
the applicant must satisfy the following:
A.
Proof required for the grant of a variance:
(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 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 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 applicant.
(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 and use.
B.
Standards of proof. The criteria required to establish the right
to a variance must demonstrate that there is a hardship related to
the property itself and not the personal circumstances of the owner,
lessee or other party with standing to make application or appeal
under the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Special provisions related to historic buildings. These provisions
are being adopted for the following reasons:
(1)
To promote the general welfare by protecting the integrity of the
historic resources of Newtown Township.
(2)
To mitigate the negative effects of proposed changes on historic
resources.
(3)
To encourage the continued use of historic resources and facilitate
their appropriate reuse.
(4)
To discourage the unnecessary demolition of historic resources.
Unless extended by the Zoning Hearing Board or otherwise specified
by the Board, a special exception or a variance shall expire if the
applicant fails to obtain a building permit within the following time
frames and provisions:
A.
A residential approval will be valid for a period of six months.
An applicant may obtain a six-month extension by requesting such an
extension from the Zoning Hearing Board, in writing, in sufficient
time for that to be considered at the zoning hearing immediately prior
to the expiration of the original approval. A residential extension
may be granted by the Board for an additional six-month period. Subsequently,
any additional request for an extension must be justified by the applicant
specifically as it relates to any changed circumstances that might
affect the health, safety and welfare of the surrounding neighborhood.
If the Board determines that an additional extension should be granted,
it may do so for an additional period of six months only.
B.
The Zoning Hearing Board may grant a nonresidential applicant relief
from this chapter for an initial period of one year or more, up to
a maximum of two years, when, in the Board's opinion, the applicant
will require additional time to obtain a building permit because of
the scope or complexity of the proposed project. Such approvals may
be extended for an additional time period up to a maximum of two years
upon a showing of a good faith effort to pursue the required approvals
and where there are no changed circumstances that would cause the
Board to deny the application were it being considered for the first
time.
C.
The procedure for the grant of extensions for nonresidential applications
shall be that notification is provided to the Township and the neighboring
property owners who would have received mail notification prior to
the initial hearing, provided that failure to give notice required
by this section shall not invalidate the action taken by the Zoning
Hearing Board.
D.
Such applications shall be approved unless circumstances have changed.
If opposition is registered by the Township or other eligible parties,
the Board shall conduct a hearing to determine if changed circumstances
have affected the health, safety and welfare of the surrounding neighborhood.
If such circumstances are found, the request may be denied, and a
new application for relief must be filed.
E.
All special exceptions and variances granted for residential properties
shall expire six months from the date of the entry of the original
decision unless extended by the Board. All nonresidential special
exceptions and variances are void at the end of the initial period
granted in the order from the date of the entry of the original decision
unless extended by the Board. In the absence of a specific period,
all nonresidential special exceptions and variances are void one year
from the date of entry of the original decision.
The Township or any person or persons jointly or severally aggrieved
by any decision of the Zoning Hearing Board may appeal to the Court
of Common Pleas by petition, duly verified, setting forth that such
decision is illegal in whole or in part and specifying the grounds
of the illegality. Such petition shall be presented to the Court within
30 days after the filing of the decision in the office of the Board,
such date (filing date) to be one day after the date the decision
was mailed to the Township.
