The Zoning Hearing Board shall function in strict accordance
with and pursuant to the Municipalities Planning Code and shall have
all powers set forth therein, including but not necessarily limited
to the following powers:
A. Appeals from the Zoning Officer. The Board shall hear and decide
appeals where it is alleged that the Township Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of a valid ordinance or map of the Township or any valid
rule or regulation governing the duties of the Zoning Officer.
B. Special exception. The Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards or criteria set forth below. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary, as prescribed in §
390-228, to implement the purposes of the Municipalities Planning Code and this chapter. Approval of special exceptions shall be required prior to the issuance of building permits for any new use, new construction, the addition, enlargement or change in use or the increase in the level of activity or area of a previously approved special exception under the provisions of this chapter.
C. Variances. The Board shall hear requests for variances where it is alleged that the provisions of this chapter create unnecessary hardship on an applicant when applied to a tract of land. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards it may deem necessary as prescribed in §
390-227 to implement the purposes of the Municipalities Planning Code and this chapter.
D. Validity of this chapter. The Board shall hear and make findings
on challenges to the validity of any provision of this chapter with
respect to substantive questions as authorized by Section 910 of the
Municipalities Planning Code. Any challenge to the procedural validity of any provision
of this chapter shall be filed with the Chester County Court of Common
Pleas, pursuant to the Municipalities Planning Code.
The Zoning Hearing Board shall conduct hearings and make decisions
in accordance with the following requirements:
A. Application. All applications to the Zoning Hearing Board shall be
on forms supplied by the Township and shall be accompanied by a plot
plan, showing the size and location of the proposed use; all existing
and proposed buildings and accessory structures/buildings, topographic
features, and natural features, including watercourses, wetlands and
woodlands. In addition, the application shall be accompanied by such
information in graphic and/or narrative form to demonstrate compliance
with all applicable standards to be met and the reasons for Zoning
Hearing Board action.
B. Notice. Upon filing a request for a hearing, the Board shall fix
a reasonable time and place for public hearings and shall give notice
thereof as follows:
(1)
By publishing a notice thereof pursuant to the Pennsylvania
Municipalities Planning Code.
(2)
By mailing a notice thereof to the applicant, the Zoning Officer,
the Township Secretary, each member of the Board of Supervisors, each
member of the Planning Commission, Township Solicitor, the Chester
County Planning Commission, and to every person or organization who
has made timely request for same.
(3)
By posting notice of said hearing in a conspicuous location
on the affected tract of land at least one week prior to the hearing.
(4)
By mailing or delivering a notice thereof to the owner, if his
residence is known, and the occupant of every lot within 500 feet
from any lot line of the lot in question, provided that failure to
give notice as required by this paragraph shall not invalidate any
action taken by the Board.
(5)
The notice herein required shall state the location of the lot
or building and the general nature of the question involved.
C. Timing. A hearing shall be held within 60 days from the official
application date requesting a hearing. The official application date
shall be the date the application is received by the Board.
D. Parties to the hearing. The parties to the hearing shall be the Township,
the property owner, any person affected by the application who has
made timely appearance of record before the Board, and any other person
including civic or community organizations permitted to appear by
the Board. The Board shall have the power to require that all persons
who wish to be considered parties enter appearances in writing on
forms provided by the Board for that purpose.
E. Powers of the Chairman. The Chairman or Acting Chairman of the Board,
or the hearing officer presiding, shall have the power to administer
oaths and issue subpoenas to compel the attendance of witnesses and
the production of relevant documents and papers, including witnesses
and documents requested by the parties.
F. Rights of the parties. The parties shall have the right to be represented
by counsel and shall be afforded the opportunity to respond and present
evidence and argument and cross-examine adverse witnesses on all relevant
issues.
G. Exclusion of evidence. Formal rules of evidence shall not apply,
but irrelevant, immaterial or unduly repetitious evidence may be excluded.
It shall be the duty of the Board to issue an order in any case wherein
a special exception or a variance is granted.
H. Record of the proceedings. The Board shall keep a stenographic record
of the proceedings and a transcript of the proceedings. Copies of
graphic or written material received in evidence shall be made available
to any party at cost.
I. Communications. The Board shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice of any communication, unless the parties
are afforded an opportunity to contest the material, and shall not
inspect the site or its surroundings with any party or his representative
unless all parties are given an opportunity to be present.
The Zoning Hearing Board may grant a variance based on the provisions
of this chapter, provided the following standards are satisfied where
relevant in a given case:
A. Unique or irregular conditions. Unique physical circumstances or
conditions exist, including irregularity, narrowness or shallowness
of the lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property. An unnecessary hardship
must be created by such conditions and not the circumstances or conditions
generally created by the provisions of this chapter in the district
in which the property is located.
B. Strict conformity. Because of the physical circumstances or conditions described in §
390-227A, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter, and the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. Liability of the applicant. Such unnecessary hardship described in §
390-227A has not been created by the applicant subsequent to the adoption of this chapter or prior ordinances, and strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D. Effect of variance on district. The variance, if authorized, will
not alter the essential character of the applicable zoning district
in which the property is located, nor substantially or permanently
impair the appropriate use or development of adjacent property, including
adjacent historic resources, nor be detrimental to the public welfare.
E. Minimum variance. 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.
F. Conditions. The variance, if authorized, shall be subject to such
conditions as will assure that the adjustment of provisions of this
chapter shall not constitute a grant of special privilege inconsistent
with the limitations upon other properties in the vicinity and zoning
district in which the property is situated.
G. Financial gain. In no case shall a variance be granted solely for
reasons of additional financial gain on the part of the applicant.
The Zoning Hearing Board shall hear and decide all requests
for special exception uses as identified within this chapter in accordance
with the following standards:
A. Relationship to the Comprehensive Plan. The size, scope, extent and
character of the proposed special exception is consistent with community
goals and objectives of the West Vincent Township Comprehensive Plan.
B. Relationship to this chapter. The proposed special exception promotes
the harmonious and orderly development of the Township and is within
the spirit, purpose and intent of this chapter, and will not adversely
affect the public health, safety and welfare of the Township residents.
C. Suitability of the tract. Consideration of the suitability of the
tract, including environmental conditions, highway access and availability
of sewer and water facilities.
D. Impact on existing neighborhood character. The proposed use is consistent
with the character and type of development in the area surrounding
the location for which the use is proposed and will not substantially
impair, alter or detract from the use of surrounding property or the
character of the neighborhood in light of existing uses and zoning
classification of the area; the effect on the other properties in
the area, including historic resources; the number, extent and scope
of nonconforming uses in the area; and the presence or the absence
in the neighborhood of conditions or uses which are the same or similar
in character to the condition or use for which the applicant seeks
approval.
E. Impact on circulation. The proposed use is suitable, with respect
to traffic patterns and volumes, access, and off-street parking, in
order to protect the surrounding neighborhood and road system from
undue congestion and hazards; and that major street or highway frontage
will be developed so as to limit the total number of access points
and encourage the frontage of buildings on marginal access roads or
on interior service roads.
F. Community facilities. The proposed use is reasonable, in terms of
the logical, efficient and economic extension of public services and
facilities such as public water, sewers, police and fire protection
and public schools, or assures adequate provisions for on-site water
supply and sewage disposal.
G. Performance standards. Properties adjacent to the proposed special
exception are adequately safeguarded with respect to harmonious design
of buildings, aesthetics, planting screens, landscaping, hours of
operation, lighting, numbers of persons involved, density, accessory
activities, noise, sanitation, safety, smoke and air pollution control,
noxious, offensive or hazardous elements.
H. Economic impact. The character and type of use proposed will not
have a significantly adverse impact on the fiscal condition of the
Township and will not detract from the property values of the neighborhood.
Any person aggrieved by any decisions of the Zoning Hearing
Board may appeal to the Court of Common Pleas of Chester County, as
provided by the Municipalities Planning Code.
The validity of a special exception or variance shall not exceed
one year from the date of the decision, unless such time is extended
by the Zoning Hearing Board. The length of time shall be assigned
by the Zoning Hearing Board on a case-by-case basis. The special exception
or variance shall expire and be revoked if the applicant fails to
apply for the appropriate approvals (i.e., subdivision or land development
plan, conditional use, building permit) within such one-year time
period, unless extended by the Township.
Parties to proceedings authorized in this article may utilize mediation as an aid in completing such proceedings in accordance with the provisions of §
390-220 of this chapter.