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 (including this chapter and the Zoning Map) or Official Map in effect in Maidencreek Township, except for landowner curative amendments, which are the jurisdiction of the Board of Supervisors. Substantive challenges shall be administered in accordance with §§
220-119 and
220-120 of this chapter.
B. Challenges to the validity of any land use ordinance in effect in
Maidencreek Township where such challenge involves procedural questions
or alleged defects in the process of enactment or adoption. Such challenges
must be raised by an appeal within 30 days of the effective date of
said ordinance.
C. Appeals from the determination of the Zoning Officer, including:
(1)
The granting or denial of any permit, or failure to act on the
application for any permit.
(2)
The issuance of any cease-and-desist order.
(3)
The registration of any nonconforming use, structure, or lot.
D. Appeals from the determination of 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. Appeals from the determination of the Township Engineer or the Zoning Officer in the administration of any land use ordinance or provision thereof in effect in Maidencreek Township with reference to sedimentation and erosion control and stormwater management, except for applications involving Chapter
190, Subdivision and Land Development.
F. Applications for a variance from the terms of this chapter.
(1)
The Board shall hear requests for variance where it is alleged
that the provisions of this chapter inflict unnecessary hardship upon
the applicant. No variance shall be granted unless and until the applicant
can demonstrate to the satisfaction of the Board that:
(a)
There are unique physical circumstances or conditions (such
as irregularity, narrowness, or shallowness of lot size or shape)
or exceptional topographical or other physical conditions peculiar
to the particular property. Such hardship shall be due to such physical
conditions and not the circumstances and conditions generally created
by the provisions of this chapter in the district where the property
is located.
(b)
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 reasonable use of the
property.
(c)
Such hardship shall not have been created by the applicant.
(d)
The variance, if authorized, shall not result in alteration
of 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)
The variance, if authorized, shall represent the minimum variation
from the standards of this chapter which will afford relief and will
represent the least modification possible thereof.
(2)
In granting any variance, the Board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
stated purposes of this chapter.
(3)
Unless otherwise specified by the Zoning Hearing Board, a variance
which has been authorized by the Zoning Hearing Board shall expire
if the applicant fails to obtain a zoning permit within six months
from the date of authorization thereof or fails to commence a substantial
amount of work within six months from the date of issuance of the
permit for such work.
G. Applications for uses by special exception as defined in this chapter.
(1)
The Board shall hear and decide upon requests for such uses
by special exception in accordance with such standards and criteria
stipulated by this chapter for the particular use in question. Standards
to be used by the Zoning Hearing Board in deciding on the request
for a special exception shall include:
(a)
Such use shall be one which is specifically authorized as a
special exception use in the zoning district wherein the applicant
seeks a special exception;
(b)
Such special exception shall only be granted subject to any
applicable conditions and safeguards as required by this chapter;
(c)
Such use shall not adversely affect the character of the general
neighborhood or be incompatible with adjacent properties in the general
neighborhood;
(d)
Such use shall not adversely affect the conservation of property
values;
(e)
Such use shall not adversely affect the health and safety of
residents or workers;
(f)
Such use shall not adversely impact the general neighborhood
relative to problems such as air pollution, light pollution, noise,
soil erosion, sedimentation, stormwater and flooding;
(g)
Such use shall be of such size and so located and laid out in
relation to its access streets that vehicular and pedestrian traffic
to and from such use will not create congestion or hazards prejudicial
to the general neighborhood and shall be serviceable by emergency
service providers;
(h)
Such use shall be compatible with the building sizes, heights
and massing of other buildings in the general neighborhood;
(i)
Such use will include proposals for landscaping and buffering
to mitigate any adverse impacts;
(j)
Such use will not result in a greater impact than the impact
that would normally result from other similar uses; and
(k)
Services and utilities (water and sewer) either are or shall
be available to adequately service the proposed use by the applicant,
and the applicant shall provide "will serve" letters for the proposed
public water and sewer systems from the Municipal authority, or suitability
letters from certified professionals for on-site sewer and water suitability.
(2)
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 stated purposes
of this chapter and the district wherein the property in question
is located.
(3)
Unless otherwise specified by the Zoning Hearing Board, a special
exception which has been authorized by the Zoning Hearing Board shall
expire if the applicant fails to obtain a zoning permit within six
months from the date of authorization thereof or fails to commence
a substantial amount of work within six months from the date of issuance
of the permit for such work.
H. Appeals from the determination of any officer of agency charged with
the administration of any of the performance provisions of this chapter.
I. Appeals from the determination of the Zoning Officer concerning the
preliminary opinion of whether a proposed building, land development,
or other use of land addressed by this chapter is in compliance with
the terms of said ordinance.
Appeals from decisions of the Zoning Hearing Board may be made
by any aggrieved party to a court of competent jurisdiction, as provided
for in the Pennsylvania Municipalities Planning Code.