[Ord. No. 321,
passed 12-10-1998]
A Zoning Hearing Board shall be established in order that the
objectives of this Ordinance may be fully and equitably achieved and
that a means for competent interpretation of this Ordinance be provided.
The Zoning Hearing Board shall operate in accordance with the provisions
of Article IX of the Pennsylvania Municipalities Planning Code, as
amended.
[Ord. No. 321,
passed 12-10-1998]
The Council of the Township of Upper Providence shall appoint
by resolution a Zoning Hearing Board consisting of five Township residents.
[Ord. No. 321,
passed 12-10-1998]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudications in the following matters:
A.
Substantive challenges to validity of any land use ordinance, except
those brought before the Township Council pursuant to Sections 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code.
B.
Challenges to the validity of any 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.
C.
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 non-conforming
use, structure or lot.
D.
Appeals from a determination by the Township 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.
E.
Applications for variances from the terms of this Zoning Ordinance, pursuant to Section 1282.05 of this Ordinance.
F.
Applications for special exceptions under the Zoning Ordinance, pursuant to Section 1282.06 of this Ordinance.
G.
Appeals from the Zoning Officer's determination under Section
916.2 of the Pennsylvania Municipalities Planning Code, as amended.
H.
Appeals from the determination of the Zoning Officer or Township
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
Article V or VII of the Pennsylvania Municipalities Planning Code,
as amended.
[Ord. No. 321,
passed 12-10-1998]
Parties to proceedings before the Zoning Hearing Board may utilize
the mediation option pursuant to Article IX of the Pennsylvania Municipalities
Planning Code, as amended.
[Ord. No. 321,
passed 12-10-1998]
A.
The Zoning Hearing Board shall hear requests for variances where
it is alleged that the provisions of the Zoning Ordinance inflict
unnecessary hardship upon the applicant. The Board may grant a variance,
provided that all of 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 to 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 authorizations
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.
B.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code and this Zoning Ordinance.
[Ord. No. 321,
passed 12-10-1998]
A.
The Zoning Hearing Board shall hear requests for special exceptions
as provided for in this Ordinance. 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 Comprehensive Plan of the Township;
2.
In the best interests of the Township and the public welfare;
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 Ordinance
and all municipal ordinances;
5.
Suitable in terms of effect on highway traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard;
B.
In addition, the Board may attach such reasonable conditions and
safeguards as it may deem necessary to implement the purposes of the
Pennsylvania Municipalities Planning Code and this Zoning Ordinance.
[Ord. No. 433,
passed 5-8-2008]
Unless otherwise specified by the Zoning Hearing Board, a special
exception or variance shall expire if the applicant fails to obtain
a building permit within 12 months of the date of the granting of
the special exception or variance.
