[Ord. 687, 8/12/2015]
The membership of the Zoning Hearing Board shall consist of
three residents of the Township appointed by the Board of Commissioners.
Their 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 Board of Commissioners when vacancies 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
Township, including membership on the Planning Commission and Zoning
Officer.
[Ord. 687, 8/12/2015]
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in the office or for other just cause by
a majority vote of the Board of Commissioners taken after the member
has received 15 days' advance notice of the intent to take such vote.
A hearing shall be held in connection with the vote if the member
shall request it in writing.
[Ord. 687, 8/12/2015]
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
2505.1.
Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Board of Commissioners.
2505.2.
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 the ordinance.
2505.3.
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.
2505.4.
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.
2505.5.
Applications for variances from the terms of this chapter and the Flood Hazard Ordinance [Chapter
8] or such provisions within a land use ordinance pursuant to §
27-2506.
2505.6.
Applications for uses by special exception under this chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Part
19 and §
27-2507 of this chapter.
2505.7.
Appeals from the Zoning Officer's determination under Section
916.2 of the Pennsylvania Municipalities Planning Code (Act 247, as
amended).
2505.8.
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
subdivision and land development or planned residential development.
2505.9.
Appeals from decisions of the Zoning Officer with respect to requests for reasonable accommodation under the Fair Housing Act Amendments or the Americans with Disabilities Act. In hearing such an appeal, the Board shall apply the criteria set forth in §
27-2603.2 of this chapter. In granting a request for reasonable accommodation, the Board may attach such reasonable safeguards and/or limitations as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare in a manner consistent with the requirements of the Fair Housing Act Amendments or the Americans with Disabilities Act.
A. In handling a request for reasonable accommodation, the Board shall
be governed by the provisions of this Part to the fullest extent as
may be consistent with the Fair Housing Act Amendments and the Americans
with Disabilities Act.
[Ord. 687, 8/12/2015]
The Board, upon appeal, shall have the power to authorize variances
from the requirements of this chapter and to attach such conditions
to the variance as it deems necessary to assure compliance with the
purposes of this chapter. A variance may be granted if all of the
following findings are made where relevant in a given case:
2506.1.
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.
2506.2.
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.
2506.3.
That such unnecessary hardship has not been created by the appellant.
2506.4.
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.
2506.5.
That the variance, if authorized, will represent the minimum
variance necessary to afford relief and will represent the least modification
possible of the regulation in issue.
[Ord. 687, 8/12/2015]
The Board shall have the power to hear and decide on applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Part
19. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter and the express standards and criteria set forth in Part
19. In granting a use by special exception, the Board may attach such reasonable safeguards, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.