[Ord. 4-1989, 12/18/1989]
1. The Zoning Hearing Board shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A. Substantive challenges to the validity of any land use ordinance,
except those brought before the Board of Supervisors pursuant to §§ 609.1
and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter
"MPC"), 53 P.S. §§ 10609.1, 10916.1.
B. 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 Township of North Lebanon
and a Zoning Hearing Board has not been previously established, the
appeal raising procedural questions shall be taken directly to court.
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 therefore, the issuance of any cease and
desist order or the registration or refusal or register any nonconforming
use, structure or lot.
D. Appeals from a determination by the Township engineer or the zoning
officer with reference to the administration of any flood plain or
flood hazard ordinance or such provisions within a land use ordinance.
E. Applications for variances from the terms of this chapter and flood
hazard ordinance or such provisions within a land use ordinance, pursuant
to § 910.2 of the MPC, 53 P.S. § 10910.2.
F. Applications for special exceptions under this chapter or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to § 912.1 of the MPC, 53 P.S. § 10912.1.
G. 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.
H. Appeals from the zoning officer's determination under § 916.2
of the MPC, 53 P.S. § 10916.2.
I. 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 storm
water management insofar as the same relate to development not involving
applications under Article V or VII of the MPC, 53 P.S. § 10501
et seq., § 10701 et seq.
2. The Board of Supervisors, shall have exclusive jurisdiction to hear
and render final adjudications in the following matters:
A. All applications for approvals of planned residential developments
under Article VII of the MPC pursuant to the provisions of § 702
of the MPC, 53 P.S. § 10702.
B. All applications pursuant to § 508 of the MPC, 53 P.S.
§ 10508, for approval of subdivisions or land developments
under Article V of the MPC, 53 P.S. § 10501 et seq.
C. Applications for conditional use under the express provisions of
this chapter.
D. Applications for curative amendment to this chapter or pursuant to
§§ 609.1 and 916.1(a) of the MPC, 53 P.S. §§ 10609.1,
10916.1(a).
E. All petitions for amendments to land use ordinances, pursuant to
the procedures set forth in § 609 of the MPC, 53 P.S. § 10609.
F. Appeals from the determination of the zoning officer or the Township
engineer in the administration of any land use ordinance or provisions
thereof with reference to sedimentation and erosion control and storm
water management insofar as the same relate to applications for land
development under Articles V and VII of the MPC, 53 P.S. § 10501
et seq., § 10701 et seq. 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 Township
engineer shall be to the Zoning Hearing Board pursuant to this section.
Where the applicable land use ordinance vests jurisdiction for final
administration of subdivision and land development applications in
the Planning Commission, all appeals from determinations under this
subsection shall be to the Planning Commission and all appeals from
the decision of the Planning Commission shall be to court.
[Ord. 6-4-84, 6/4/1984, § 23.03; as amended by
Ord. 4-1989, 12/18/1989]
1. Where the Board of Supervisors, in this chapter, has stated special
exceptions to be granted or denied by the Zoning Hearing Board pursuant
to express standards and criteria, the Board shall hear and decide
requests for such special exceptions in accordance with such 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 this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
A. The Special Exception shall be compatible with adjacent and nearby
properties and shall not adversely affect the public health, safety
or interest; and
B. The Special Exception use shall be designed to provide satisfactory
arrangement for:
(1)
Ingress and egress to property and proposed structures thereon,
with particular reference to automotive and pedestrian safety and
conveniences, traffic flow and control, and the access in case of
fire or catastrophe; and,
(2)
Off-street parking and loading areas where required, with particular attention to the items in #1 above, the requirements of Part
14 of this chapter, and the noise, glare, or odor effects of the Special Exception on adjoining properties in the district; and,
(3)
Refuse and service areas to be located and maintained in a safe
and sanitary manner, well screened on three sides. Trash and rubbish
shall be stored in covered vermin-proof containers; and,
(4)
Utilities to be located underground where possible and to be
compatible with the surrounding area. Availability, ease of access
and safety precautions shall be considered; and,
(5)
Screening and buffering with reference to type, dimensions, and character, in accordance with Part
13 of this chapter; and,
(6)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district and compliance with Part
15 of this chapter; and
(7)
Required yards and other open spaces as specified elsewhere
in this chapter.
[Ord. 4-1989, 12/18/1989; as amended by Ord. No. 5-2023, 5/15/2023]
1. 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 by rule prescribe
the form of application and may require preliminary application to
the Zoning Officer. The Board may grant a variance, provided that
all of the following findings are made where relevant in a given case:
A. 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 the Zoning Ordinance in the neighborhood
or district in which the property is located.
B. 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 authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
C. That such unnecessary hardship has not been created by the appellant.
D. 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.
E. That the variance, if authorized, will represent the minimum variance
that will afford relief and will represent the least minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue.
2. In granting any variance, the Zoning Hearing Board may attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter and the Zoning Ordinance.
[Ord. 4-1989, 12/18/1989]
Appeals raising the substantive validity of any land use ordinance
(except those to be brought before the Board of Supervisors pursuant
to the Pennsylvania Municipalities Code, procedural questions or alleged
defects in the process of enactment or adoption of a land use ordinance;
or 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 therefore, the issuance of any cease and desist
order or the registration or refusal to register any nonconforming
use, structure or lot; 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; 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; 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 storm water management insofar as the same
relate to development not involving subdivision and land development
or planned residential development may be filed with the Zoning Hearing
Board in writing by the landowner affected, any officer or agency
of the Township of North Lebanon, or any person aggrieved. Requests
for a variance and for special exception may be filed with the Board
by any landowner or any tenant with the permission of such landowner.
[Ord. 4-1989, 12/18/1989]
1. No person shall be allowed to file any proceeding with the Zoning
Hearing Board later than 30 days after an application for development,
preliminary or final, has been approved by the Township of North Lebanon
if such proceeding is designed to secure reversal or to limit the
approval in any manner unless such person alleges and proves that
he had no notice, knowledge or reason to believe that such approval
had been given. If such person has succeeded to his interest after
such approval, he shall be bound by the knowledge of his predecessor
in interest. The failure of anyone other than the landowner to appeal
from an adverse decision on a tentative plan or from an adverse decision
by the zoning officer on a challenge to the validity of this chapter
or an amendment hereto or map or an amendment thereto shall preclude
an appeal from a final approval except in the case where the final
submission substantially deviates from the approved tentative approval.
2. All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
[Ord. 6-4-84, 6/4/1984, Art. 24]
Any person or persons are agent of the Township aggrieved by
any decision of the Zoning Hearing Board may appeal to the Court of
Common Pleas. Appeal shall be taken in accordance with Act 247, and
other prevailing laws of the state of Pennsylvania.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 1-1999, 8/16/1999,
§ XXXVII]
1. The granting or approval of a special exception or variance shall
be valid only for the petitioner and the property specified in the
petition. Alterations or changes to the use or building authorized
by the Zoning Hearing Board shall require reapplication to the Board.
If the special exception or variance has not been implemented within
one year of the date of the Zoning Hearing Board decision, said approval
shall expire and become null and void. If the property affected by
the special exception or variance is transferred in ownership prior
to the implementation of the special exception or variance, said approval
shall immediately become invalid upon such transfer or ownership.
2. The Zoning Hearing Board may revoke approval of a variance or special
exception where:
A. The petitioner repeatedly violates conditions or safeguards specified
in the Board's decisions; or
B. The petitioner initiates use or construction contrary to the Board's
decision; or
C. The petitioner is found to have misrepresented or falsified information
pertinent to the Board's decision; or
D. The Board's original decision was in error and the revocation is
instituted within 30 days of the original decision or prior to substantial
reliance thereon by the petitioner.
3. Violation of the conditions and safeguards or use or construction contrary to that specified by the Zoning Hearing Board decision shall be deemed a violation of this Part, punishable under §
27-2107 "Enforcement Remedies" of this Part. Revocation of the Zoning Hearing Board approval shall not preclude the Township from proceeding in courts of law or equity to prevent or remedy violation of this Part.