[Ord. 160, 4/6/1977]
1.
Zoning Hearing Board. The Zoning Hearing Board presently in existence
shall continue and be constituted as the Zoning Hearing Board under
this chapter. Matters pending before the Zoning Hearing Board at the
time this chapter becomes effective shall continue and be completed
under the law in effect at the time such Board took jurisdiction of
them.
2.
Membership and Organization. The membership and organization of the
Board shall be as provided in the Pennsylvania Municipalities Planning
Code as now in effect or as hereafter amended, 53 P.S. § 10101
et seq.
3.
Rules and Regulations (See § 27-1403). The Board may make, alter and rescind rules, regulations and forms for its procedures such as are consistent with the ordinances of the Township and the laws of the Commonwealth. Copies of rules, regulations and forms adopted by the Board shall be prepared and shall be made available for inspection by any interested person in the Township offices.
[Ord. 160, 4/6/1977; as amended by Ord. 186, 10/22/1980; by Ord. 450, 5/12/1999; and by Ord.
577, 1/28/2015]
1.
Appeals from Zoning Officer. The Board shall hear and decide appeals
where it is alleged by the appellant that the Zoning Officer has failed
to follow prescribed procedures or has misinterpreted or misapplied
any provision of the Chapter or map or any valid rules or regulations
governing the action of the Zoning Officer. These appeals must be
filed within 30 days of the date the decision is rendered by the Zoning
Officer, and all appeals shall be on forms prescribed by the Zoning
Hearing Board, accompanied by the required fees. All appeals shall
refer to the specific provisions of this chapter or any other ordinance
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq., which are involved and relied upon.
2.
Challenge to the Validity of the Chapter or Map. In the case of a
challenge to the validity of this chapter or Zoning Map, the proceedings
of the Board shall be in accordance with the Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq., and any other
relevant statutes.
3.
Variances.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant. The Board may grant a variance, provided the following
findings are made where relevant in a given case:
(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 the chapter in the neighborhood or district
in which the property is located.
(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 the Chapter, and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(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.
(5)
That 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.
B.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., and this chapter.
4.
Special Exceptions. Where this chapter has provided for stated special
exceptions to be granted or denied by the Board, the Board shall hear
and decide such request in accordance with the Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq., and any other
relevant statutes.
[Ord. 160, 4/6/1977; as amended by Ord. 327, 4/10/1991]
1.
Notice of Hearing. Notice of the time and place of all hearings shall
be given in accordance with the provisions of the Municipalities Planning
Code, as amended, 53 P.S. § 10101 et seq.
2.
Parties. The parties to the hearings shall be as prescribed by the
provisions of the Municipalities Planning Code, as amended, 53 P.S.
§ 10101 et seq.
3.
Initiating Action Before the Board.
A.
All actions before the Board shall be initiated by a written application
for hearing which shall be filed with the Zoning Officer.
B.
All applications shall be made on forms specified by the Board, and
no application form shall be accepted unless the same shall be fully
completed, unless all exhibits and supplemental material required
by the application are attached and until all fees established by
the Township have been paid. Each application or appeal shall refer
to the specific provisions of this chapter or any other ordinance
and the Municipalities Planning Code, 53 P.S. § 10101 et
seq., which are involved and relied upon as authority for the relief
sought.
4.
Time Limitations for Variances and Special Exceptions.
A.
Purpose. In passing on applications for special exceptions and variances,
the Zoning Hearing Board is required to apply standards of review.
The application of these standards to conditions existing at the time
of the hearing may result in a conclusion that would not be appropriate
if the passage of time resulted in new or differing conditions in
the neighborhood of the particular property. Therefore, if a special
exception or variance has not been acted upon within a reasonable
time after its grant, such action shall lapse or become void after
a reasonable period, and if the property owner desires to use such
special exception or variance, he should reapply for such relief and
the current conditions should be used as criteria.
B.
Time limit on all special exceptions and/or variances granted by
the Zoning Hearing Board. All special exceptions and/or variances
granted by the Zoning Hearing Board shall be valid for a period of
one year after the date of such orders. Any special exceptions or
variances which have not been acted upon by the issuance of the permits
and the commencement of substantial construction or of substantial
use shall lapse and become void and of no effect.
C.
Time Limit on Special Exceptions and/or Variances Previously Granted.
All special exceptions and/or variances which have been previously
granted by the Zoning Hearing Board but on which no zoning and/or
building permit has been issued and substantial construction commenced
shall be valid for a period of one year only from the effective date
of this chapter; any previously granted special exceptions or variances
which have not been acted upon within one year from the effective
date of this chapter, by the issuance of permits and the commencement
of substantial construction or of substantial use, shall lapse and
become null and void and of no effect.
D.
Procedures When Special Exception or Variance Has Lapsed. The owner
or holder of such special exception and/or variance which has lapsed
must reapply to the Township and the Zoning Hearing Board in the same
manner as new applicants for such relief.
