[Ord. No. 8-9-2005, 8/9/2005,
§ 1000]
1. Establishment. Pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq.,
as amended, a Zoning Hearing Board is hereby established in Hemlock
Township, Columbia County.
2. Appointment and Membership.
A. The Zoning Hearing Board shall consist of three residents of Hemlock
Township to be appointed by Resolution of the Township Board of Supervisors.
The terms of the initial appointees shall be for one, two and three
years from the date of appointment. Their successors shall be appointed
for the term of three years after the expiration of the terms of their
predecessors in office. Members of the Zoning Hearing Board shall
hold no other elected or appointed office in the Township, nor shall
any member be an employee of the Township.
B. The Township Supervisors may also appoint two alternate members to
the Zoning Hearing Board to serve in the event of absence or conflict
of interest of a regular member. The term of office of an alternate
shall be three years. For each case, the Chairman of the Zoning Hearing
Board may designate alternate members of the Board to replace any
absent or disqualified members, and if, by reason of absence or disqualification,
a quorum is not reached, the Chairman shall designate as many alternates
as necessary to reach a quorum. Designation shall be made on a case-by-case
basis, in rotation, according to declining seniority. Alternates shall
hold no other elected or appointed office in the municipality, including
service as a member of the Township Planning Commission or as a Zoning
Officer, nor shall any alternate be an employee of the Township.
C. A Zoning Hearing Board member may be removed by majority vote of
the appointing authority for just cause only after the member has
received 15 days' advance notice of the Township's intent to take
such a vote. A hearing shall be held in connection with the vote if
requested in writing by the member.
3. Appointment to All Vacancies. Appointments to fill vacancies shall
be for the unexpired term of the member or members whose term or terms
become vacant. Appointments to fill such vacancies shall be made in
the same manner as the original appointment.
4. General Grant of Power. The Zoning Hearing Board shall perform all
the duties and have the powers prescribed by the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, and
as herein described.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1001]
1. The Zoning Hearing Board shall hear and decide appeals pursuant to
the provisions of the Pennsylvania Municipalities Planning Code, 53
P.S. § 10101 et seq., as amended, and shall have the following
powers:
A. To Hear and Decide Appeals.
(1)
The Zoning Hearing Board shall hear and decide appeals from
any order, requirement, decision or determination made by the Zoning
Officer administering this chapter 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 issuance
or refusal to issue a certificate of nonconformance for any nonconforming
use, structure, or lot.
(2)
The Zoning Hearing Board shall hear and decide appeals from
a 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 the provisions
regulating subdivision or planned residential development contained
in Articles V and VII of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10501 et seq., 10701 et seq.
(3)
The Zoning Hearing Board shall hear and decide appeals from
a determination by the Zoning Officer or Township Engineer with reference
to the administration of any floodplain or flood hazard ordinance
or such provisions with a land use ordinance.
(4)
The Zoning Hearing Board shall hear and decide upon appeal from
a determination of the Zoning Officer any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary where there is uncertainty with
respect thereto.
B. To Hear and Decide Challenges to the Validity of any Land Use Ordinance.
(1)
The Zoning Hearing Board shall hear and decide substantive challenges
to the validity of any land use ordinance, except those for landowner
curative amendments, which shall be brought before the Board of Supervisors
pursuant to §§ 609.1 and 916.1(a)(2) of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10609.1, 10916.1(a)(2),
as amended.
(2)
The Zoning Hearing Board shall hear and decide challenges to
the validity of any land use ordinance raising procedural questions
or alleged defects in the process of enactment or adoption. Such challenges
shall be raised by an appeal taken within 30 days after the effective
date of said ordinance.
C. To Hear and Decide Requests for Variances.
(1)
The Zoning Hearing Board shall hear requests for variances and
may vary or adapt the strict application of any of the requirements
of this chapter in the case of exceptionally irregular, narrow or
shallow lots or other exceptional physical conditions, whereby such
strict application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use of the
land or building involved, but in no other case. The sole purpose
of any variance shall be to prevent discrimination and no variance
shall be granted which would have the effect of granting a special
privilege not shared by other property owners in the same vicinity
and district and under the same conditions.
(2)
The Board's decision to approve or deny a variance request shall be made only after public notice and hearing. (See §
27-1003.) (See also §
27-610 for additional information regarding variances in Floodplain Districts and Appendix 27-C for an illustration of the variance procedure.)
(3)
No variance in the strict application of any provisions of this
chapter shall be granted by the Zoning Hearing Board unless all of
the following findings are made, where relevant, in a given case:
(a)
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.
(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 the reasonable use of
the property.
(c)
Such unnecessary hardship has not been created by the appellant.
(d)
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.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
(e)
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.
(4)
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.
D. To Hear and Decide Request for Special Exceptions.
(1)
The Zoning Hearing Board may grant special exceptions only for such uses as are provided for in Part
3, "District Regulations," and pursuant to express standards and criteria outlined in Part
4. The Board's decision to approve a special exception shall be made only after public notice and public hearing. (See §
27-1003.) Such approval shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent changes or additions shall be subject to further review and public hearing by the Zoning Hearing Board as a separate special exception request (See §
27-611 for additional information regarding special exceptions in Floodplain Districts and Appendix 27-D for a chart illustrating the special exception procedure.)
(2)
The Zoning Hearing Board, at its discretion, may also request
that the Township Planning Commission review the special exception
application. Where such review is requested, the Township Planning
Commission shall have 30 days from the date of its receipt of the
application from the Board within which to conduct its review and
file its report. In the event that the Commission fails to complete
its review or file its report within 30 days, such application shall
be deemed to have been approved by the Commission. Further, the Commission
may have representation at the hearing held by the Zoning Hearing
Board on such application.
(3)
In reviewing applications for special exceptions, the Zoning Hearing Board shall take into account the comments received from the Township Planning Commission and the following requirements, in addition to the standards set forth in Part
4, and in other applicable Sections of this chapter:
(a)
The use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
(b)
The use will not cause substantial injury to the value of other
property in the neighborhood where the use is to be located.
(c)
The use will be compatible with adjoining development and the
proposed character of the zoning district where it is to be located.
(d)
Adequate landscaping and screening is provided as required herein.
(e)
Adequate off-street parking and loading is provided and ingress
and egress is designed to cause minimum interference with traffic
on abutting streets.
(f)
The use conforms with all applicable regulations governing the
district where it is to be located, except as may otherwise be determined
for large-scale developments.
(4)
In approving a special exception, the Zoning Hearing Board may
attach whatever reasonable conditions and safeguards it deems necessary
in order to insure that the proposed development is consistent with
the purposes of this chapter.
[Ord. No. 8-9-2005, 8/9/2005,
§ 1002; as amended by Ord. No. 07-08-2008, 7/08/2008, §§ 5, 6]
1. Parties Appellant Before Zoning Hearing Board. Appeals from a decision
of the Zoning Officer and proceedings to challenge the validity of
this chapter may be filed with the Zoning Hearing Board in writing
by the landowner affected, any officer or agency of the Township,
or by any person aggrieved. Requests for a variance or special exception
must however be filed with the Board by any landowner or an authorized
agent of such landowner.
2. Time Limitations.
A. Appeals from the denial of any permit application, interpretation
of this chapter, or other appeals permitted by the Municipalities
Planning Code, 53 P.S. § 10101 et seq to the Hemlock Township
Zoning Hearing Board shall be filed with the Township Secretary within
30 days from the issuance of the denial or interpretation.
B. Appeals from the issuance of a notice of enforcement pursuant to §
27-1205, Subsection 1A, to the Hemlock Township Zoning Hearing Board shall be filed within 15 days from the issuance of the denial or interpretation.
C. The appeal shall be filed on a form provided by Hemlock Township
and shall be accompanied by a fee for the appeal as set forth from
time to time by the Board of Supervisors or Hemlock Township.
3. Applications Required. All requests and appeals made to the Zoning
Hearing Board shall be in writing and in such form as may be prescribed
by the Zoning Officer. Every appeal or request shall refer to a specific
provision of this chapter and shall exactly set forth the interpretation
that is claimed or shall include the plans or details of the variance
or special exception that is requested, in addition to the following
information:
A. The name and address of the applicant or appellant.
B. The name and address of the owner of the parcel to be affected by
such proposed change or appeal.
C. The name and address of all adjacent property owners.
D. A brief description and location of the parcel to be affected by
such proposed change or appeal.
E. A statement of the present zoning classification of the parcel in
question, the improvements thereon and the present use thereof.
F. A reasonably accurate description of any existing buildings, structures,
or improvements located on the site and the additions or changes intended
to be made under this application, indicating the size of such proposed
improvements. In addition, the applicant shall provide the Zoning
Hearing Board with an accurate plot plan, drawn to scale, of the property
to be affected, indicating the location and size of the lot and size
and location of all existing buildings, structures, trees, or other
physical features thereon and those additional improvements proposed
to be erected.
4. Procedure for Zoning Officer.
A. The notice of appeal in any case where a permit has been granted
or denied by the Zoning Officer shall be prescribed by the Zoning
Hearing Board under general rule after notice of such action granting
or denying the permit has been mailed to the applicant. The Zoning
Officer shall then immediately transmit to the Zoning Hearing Board
all papers constituting the record from which the appealed action
was taken or, in lieu thereof, certified copies of said papers.
B. It shall be acceptable for the Zoning Officer to recommend to the
Zoning Hearing Board a modification or reversal of his action in cases
where he believes substantial justice requires the same but where
he does not have sufficient authority to grant the relief sought.
5. Hearings Required and Notice of Hearings.
A. The Zoning Hearing Board, before rendering a decision, shall hold
hearings on any appeal, interpretation, variance, special exception,
challenge or other matter requiring the Zoning Hearing Board's decision
or other official action. Within 60 days of the date of receipt of
an applicant's application for such hearing, the Board shall fix a
reasonable time and place for and commence the first hearing thereon,
giving notice as follows:
(1)
Publish public notice in accordance with the definition of "public notice" in Part
13 of this chapter.
(2)
Post in a conspicuous place on the property involved a written
notice of the pending hearing and action; such notice shall take place
at least seven days prior to the public hearing.
(3)
Give written notice to the applicant, the Zoning Officer, the
Township Secretary or Township Manager, as applicable, Secretary of
the Township Planning Commission, and to any person who has made a
timely request for the same at least seven days prior to the hearing.
(4)
Notify all landowners adjoining the affected tract at least
seven days prior to the date of the hearing.
B. Each subsequent hearing on the application shall be held within 45
days of the prior hearing, unless otherwise agreed to by the applicant
in writing or on the record.
6. Rules of Conduct.
A. The Zoning Hearing Board shall adopt rules in accordance with the
provisions of this chapter and shall commence, conduct and complete
all hearings in accordance with the requirements of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq., as
amended. Meetings of the Zoning Hearing Board shall be held at the
call of the Chairman and at such other times as the Zoning Hearing
Board may determine. Such Chairman or, in his absence, the acting
Chairman, may administer oaths and compel the attendance of witnesses.
Irrelevant, immaterial or unduly repetitious evidence may be ruled
out of order and excluded from the hearing record.
B. All hearings and meetings of the Zoning Hearing Board shall be open
to the public. The Zoning Hearing Board shall keep a stenographic
record of the hearing proceedings. Minutes shall be kept of all other
meetings and shall show the vote of each member upon each question
or if absent or, failing to vote, indicate such fact. Such records
shall be public and shall be kept on file with the Township. A report
of the Zoning Hearing Board's activities shall be submitted to the
Township Supervisors once each year.
C. A quorum of two Board members shall be required for the Zoning Hearing
Board to take action. The Chairman of the Board may designate alternate
members of the Board to replace any absent or disqualified member,
and if, by reason of absence or disqualification or a member, the
Chairman of the Board shall designate as many alternate members as
necessary to reach a quorum.
7. Decisions.
A. The Zoning Hearing Board shall render a written decision or, when
no decision is called for, make written findings on any application
brought before them within 45 days after the date of the last hearing
on said application. Every decision of the Zoning Hearing Board shall
be based on stated findings of fact and every finding of fact shall
be supported in the record of the hearing. The enumerated conditions
required to exist for the authorization of a variance shall be construed
as limitations of the power of the Zoning Hearing Board to act. A
mere finding or recitation of the enumerated conditions, unaccompanied
by findings of specific fact, shall not be deemed findings of fact
and shall not be deemed compliance with this chapter.
B. In exercising the above-mentioned powers, the Zoning Hearing Board
may, in conformity with the provisions of this Part, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as it feels appropriate.
C. A copy of the final decision or findings must be delivered to the
applicant personally or must be mailed to him not later than the day
following its date. All other persons interested in the result, who
filed their name and address with the Board not later than the last
day of the hearing, shall be provided with a brief notice of the decision
or findings and a statement indicating where the full decision may
be examined.
8. Expiration of Appeal Decision. Unless otherwise specified by the
Zoning Hearing Board at the time of their action, a decision on any
appeal or request shall expire if the applicant fails to obtain any
necessary zoning and/or building permit(s) and start construction,
or fails to comply with the conditions of said decision, within 24
months from the date of said decision.
[Amended by Ord. No. 03-09-2021, 3/9/2021]
9. Required Interval for Hearings on Applications and Appeals after
Denial. Whenever the Zoning Hearing Board, after hearing all the evidence
presented upon an application or appeal under the provisions of this
chapter, denies the same, the Zoning Hearing Board shall refuse to
hold further hearings on the same or substantially similar application
or appeal by the same applicant, his successor or assign, for a period
of one year, except and unless the Zoning Hearing Board shall find
and determine from the information supplied by the request for a rehearing,
that changed conditions have occurred relating to the promotion of
the public health, safety, convenience, comfort, prosperity and general
welfare and that a reconsideration is justified. Such rehearing would
be allowable only upon a motion initiated by a member of the Zoning
Hearing Board and adopted by the unanimous vote of the members present,
but not less than a majority of all members.
10. Failure to Hold Required Hearing or Render Decision. Where the Board
fails to commence, conduct, or complete the required hearing or fails
to render a decision within the prescribed time period (except for
challenges filed under § 916.1 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10916.1), the decision shall be
deemed to have been rendered in favor of the applicant, unless the
applicant has agreed in writing or on the record to an extension of
time. When a decision is rendered in favor of the applicant due to
a violation of the established time requirements, the Zoning Hearing
Board must give public notice of this decision within 10 days from
the last day it could have met to render a timely decision. If the
Board fails to provide such notice, the applicant may do so.
11. Stay of Proceedings. An appeal to the Zoning Hearing Board shall
automatically stop all affected land development. However, if the
Zoning Officer or other appropriate agency certifies to the Zoning
Hearing Board that such a halt could cause an imminent danger to life
or property, then development may only be stopped by a restraining
order granted by the Zoning Hearing Board or by the court having jurisdiction,
on petition, after notice to the Zoning Officer and any other appropriate
agency.
12. Appeals. Any person aggrieved by any decision of the Zoning Hearing
Board may appeal therefrom within 30 days to the Court of Common Pleas
of Columbia County pursuant to the procedures established in Part
X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 11001-A,
as amended.