A.
Hereafter, no land shall be used or occupied, and no building or
structure shall be erected, altered, used, or occupied, except in
conformity with the regulations established in this chapter.
B.
Administrative processes and procedures for determining compliance
with the provisions of this chapter are established in this article,
except that it is not the intent of this article to amend any applicable
standards or procedures established by the Pennsylvania Municipalities
Planning Code which may be in conflict herewith.
[Amended 4-17-2024 by Ord. No. 4289]
C.
Advertising requirements for zoning text or map amendments, adoption
of comprehensive plans or official maps, notice of conditional use
and other public hearings, and all other matters regulated by PA Act
247, the Municipalities Planning Code, shall be undertaken in conformance
with said Act.
D.
Staff administration. The provisions of this chapter shall be administered
and enforced by the Zoning Officer, together with the aid of designated
Code Enforcement Officials, the Director of Building and Planning,
the Board of Commissioners, and other municipal agencies, as may be
appropriate. It shall be the duty of the local Zoning Officer and
he/she shall have the power to:
(1)
Receive and examine all permit applications for the Township.
(2)
Review applications for permits involving the erection or alteration
of buildings or structures or changes of use in order to determine
whether such construction or use is in accordance with the general
requirements of this chapter; all other applicable chapters; and the
laws and regulations of the commonwealth. Permits for construction
of uses requiring a special exception or variance or appeals from
the determination of the Zoning Officer shall be issued only upon
order of the Zoning Hearing Board. Permits requiring conditional use
approval by the governing body shall be issued only after receipt
of approval from the Board of Commissioners.
(3)
Conduct inspections and surveys of uses, structures, lots, and
signs to determine compliance or noncompliance with the terms of this
chapter. In carrying out such surveys, the Zoning Officer or his representative
may enter upon any land, but shall in all cases notify the property
owner or other party in possession in advance of his intention to
enter any dwelling house, unless he/she shall first have secured a
search warrant.
(4)
Issue stop, cease, and desist orders, and identify in writing
conditions found to be in violation of the provisions of this chapter.
Such written orders shall be served personally or by certified mail
upon persons, firms, or corporations deemed by the Zoning Officer
to be violating the terms of this chapter. It shall be unlawful for
any person to violate any such order issued lawfully by the Zoning
Officer, and any person violating any such order shall be in violation
of this chapter.
(5)
May revoke any order or zoning permit issued under a mistake
of fact or contrary to the law of the provisions of this chapter.
(6)
Record and file in the municipal building all applications for
zoning permits with accompanying plans and documents. All applications,
plans, and documents shall be a public record.
(7)
Maintain a map showing the current zoning classification of
all land which shall be posted at the Township Administration building.
(8)
Be available to testify before the Zoning Hearing Board if called
to testify by any party or if presenting evidence on behalf of the
Township in an appeal from an enforcement notice.
(9)
Keep a record of all plans and applications for permits and
all permits issued, with notations as to special conditions attached
thereto. All such documents shall be a public record.
E.
Zoning permits and preliminary opinions.
(1)
A zoning permit shall be required as designated below. If any of the improvements listed below are located in the Floodplain District, they are also subject to compliance with the provisions of § 155-7.3, Floodplain Overlay District.
(2)
No land use may be established or changed and no building or
structure may be used or occupied or the use classification changed
until a zoning permit has been obtained. (See Table 5.1, Uses, for a list of use
classifications.)
(3)
No zoning permit shall be required for municipal or municipal
authority offices.
(4)
A zoning permit shall also be required prior to performing any
of the following improvements:
(a)
Temporary uses of land or structures.
(b)
Grading within the floodplain.
(c)
Any fence or wall within the floodplain.
(d)
The storage of any materials within the floodplain.
(e)
Play structures or other recreational equipment located within
the floodplain.
(f)
Any change or increase in impervious surface on a lot.
(g)
The installation of a shed or other accessory structures less
than 200 square feet.
(h)
A retaining wall not within the floodplain exceeding four feet
above grade.
(i)
Installation of frontage fencing, secondary frontage fencing,
or frontage facade fencing.
[Amended 12-2-2020 by Ord. No. 4202; 7-21-2021 by Ord. No. 4221]
(j)
Any repair or replacement of a nonconforming fence.
[Added 7-21-2021 by Ord. No. 4221]
(5)
In the case of a conditional use or use by special exception,
the Zoning Officer shall refer the application to the Planning Commission
and Board of Commissioners or to the Zoning Hearing Board, whichever
is applicable, prior to issuing a zoning permit. Whenever the approval
of a conditional use or use by special exception includes conditions
attached to the approval, said conditions shall be incorporated into
the zoning permit.
(6)
In the case of a permitted use, the Zoning Officer shall not issue the zoning permit unless and until all applicable regulations of this chapter have been met and, in the case of a use for which land development approval is required by the Lower Merion Township Subdivision and Land Development Code (Chapter 135), unless and until final approval of the land development has been granted. Whenever final approval of a land development is subject to conditions, those conditions shall be incorporated into the zoning permit.
(7)
Application for zoning permit. Application for a zoning permit
shall be made in writing to the Zoning Officer on forms furnished
by the Township together with the payment of a fee. The Zoning Officer
shall require that the application for a zoning permit and the accompanying
plot plan, prepared by a registered engineer or land surveyor, shall
contain all information necessary to enable him/her to ascertain whether
the proposed building complies with the provisions of this chapter,
any information required by conditions on land development approval,
and conditions attached to any conditional use or Zoning Hearing Board
approval.
(8)
Application for preliminary opinion. Pursuant to § 10916.2
of the Municipalities Planning Code (53 P.S. § 10961.2),
with respect to a challenge related to an application for land development,
in order not to unreasonably delay the time when a landowner, who
intends to build to secure assurance that the proposed development,
relative to this chapter, is free from challenge, and recognizing
that the procedure for preliminary approval of their development may
be too cumbersome or may be unavailable, the landowner may advance
the date from which time for any such challenge by adhering to the
following procedure:
[Amended 4-17-2024 by Ord. No. 4289]
(a)
A landowner may submit plans and other materials describing
a proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the provisions of this chapter.
Such plans and other materials shall not be required to meet the standards
prescribed for tentative, preliminary or final plan approval or for
the issuance of a building permit, so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
a preliminary opinion as to its compliance.
(b)
If the Zoning Officer's preliminary opinion is that the use
or development complies with the provisions of this chapter, notice
thereof shall be published each week for two successive weeks in a
newspaper of general circulation in the Township, and the property
shall be posted with the preliminary opinion. Such notice shall include
a general description of the proposed use or development and its location,
by some readily identifiable directive, and the place and times where
the plans and other materials may be examined by the public. Appeal
from a favorable preliminary approval shall be to the Zoning Hearing
Board, the time therefor to run from the date when the second notice
thereof has been published.
(c)
The application for preliminary opinion shall be accompanied
by such documentation as the Zoning Officer shall prescribe and by
payment of an application fee.
(9)
Permits issued in error.
(a)
Permits issued in error shall convey no rights to any party.
Permits issued in error shall not confer any rights to construction
or occupancy, and upon a finding that a permit has been so issued,
it shall be revoked.
(b)
No approval shall be construed to authorize violation of any
provisions of this Code, and such approval shall be valid only to
the extent that the work authorized is lawful.
(c)
Issuance of a building permit based upon a site plan shall not
prevent the Zoning Officer from thereafter requiring correction of
errors in the plan.
(10)
No approval available if code enforcement violations. No permit
approval may be issued if the business, enterprise, occupation, trade,
profession, property or activity is the subject of an ongoing Township
enforcement procedure, or is the subject of a notice of violation
of a state law or county ordinance where the business enterprise is
located or is to be located, unless the subject of the application
would cure the outstanding violation.
(11)
Expiration of zoning permits. A zoning permit shall expire if
the use authorized by the permit has not commenced within 90 days
of issuance. Commencement of the ninety-day deadline shall be automatically
extended if the application requires land development approval and/or
work pursuant to a construction or runoff and erosion control permit
until completion thereof, provided that the work has been continuously
pursued. Notice of the permit expiration shall be given by the Zoning
Officer.
F.
Conditional uses.
(1)
The Board of Commissioners shall have the power to approve or
disapprove conditional uses when this chapter specifically requires
the obtaining of such approval.
(2)
In granting a conditional use, the Board of Commissioners shall
make findings of fact consistent with the provisions of this chapter.
The Board shall not approve a conditional use except in conformance
with the conditions and standards outlined in this chapter.
(3)
Subject to § 155-11.1F(4) below, the applicant shall have the initial burden of persuasion that the application complies with the specific requirements for the proposed use set forth in Article V, Uses.
(4)
Opponents shall have the initial duty of presenting substantial
evidence that the application does not comply with the general criteria
of this chapter, but the applicant shall retain the ultimate burden
of persuasion concerning those criteria.
(5)
Where an applicant requires subdivision or land development
approval in addition to conditional use approval, the applicant has
the option to file those applications simultaneously, or to file the
application for conditional use first, and file more complete land
development plans later. Should the applicant file the applications
simultaneously, and request simultaneous review, the applicant assumes
the risk of cost of preparation of plans for both applications, and
the cost of any modifications the Township may require in the review
process. Approval of both conditional use and subdivision and land
development shall be required before the issuance of any zoning permit.
(6)
Application requirements. Conditional use applications shall
be governed by the following:
(a)
The landowner shall make a written request to the Board of Commissioners.
The request shall contain a statement reasonably informing the Township
of the nature and conditions of the proposed use.
(b)
Applications for conditional use approval shall contain all
data, information, and reports necessary for the Board of Commissioners
to evaluate the proposal. The application shall be accompanied by
site plans, building plans, impact statements, and other materials
describing the use or development proposed. All information required
by this chapter shall accompany the application.
(7)
For conditional uses concerning existing buildings, a site plan
shall be submitted that includes the following:
(a)
Name and address of establishment;
(b)
Name and address of owner;
(c)
North arrow;
(d)
Date of plan;
(e)
Roads and streets adjacent to property;
(f)
Location of all structures on the property (existing and proposed);
(g)
Zoning classification of the property;
(h)
Proposed hours of operation;
(i)
Number of visitors;
(j)
Existing and proposed parking;
(k)
Existing and proposed trash receptacles and shielding devices;
(l)
Existing and proposed lighting, including proposed transformer
and generators;
(m)
Existing and proposed methods of ingress and egress; and
(n)
Existing and proposed fencing, walls, retaining walls, buffering
and landscaping.
(8)
Fees. The applicant for any hearing on a conditional use request
before the Board of Commissioners shall at the time of making application
pay to the Township a fee, in accordance with a fee schedule adopted
by the Township.
(9)
Review procedures.
(a)
The Board of Commissioners may attach such reasonable conditions
and safeguards, other than those related to off-site transportation
and road improvements, in addition to those expressed in the ordinance,
as it may deem necessary to implement the purposes of the Pennsylvania
Municipalities Planning Code and the Zoning Ordinance.
(b)
The Board of Commissioners shall request an advisory opinion
from the Township Planning Commission on any application for a conditional
use; the Planning Commission is to submit a report of such advisory
opinion prior to the close of the public hearing held by the Board
of Commissioners on the application.
(c)
The Board of Commissioners may appoint one of its members or
an independent attorney to be a hearing officer to conduct the public
hearing and to recommend findings of fact and a decision to the Building
and Planning Committee. If the parties and the Board of Commissioners
agree prior to the presentation of any testimony, the decision of
the hearing officer shall be final. Otherwise, the Building and Planning
Committee, after consideration of the Planning Commission's recommendation,
shall promptly recommend a final decision to the Board of Commissioners.
(d)
The Board of Commissioners shall hold a hearing upon the request,
commencing not later than 60 days after the request is filed, unless
the applicant requests or consents in writing to an extension of time.
(e)
Hearing. The Board of Commissioners shall conduct hearings pursuant
to public notice and shall send notice of the proposed conditional
use hearing to contiguous property owners, and make decisions in accordance
with the following:
[1]
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record, and any other person, including civic or community organizations
permitted to appear by the Board of Commissioners. The Board may require
that all persons who wish to be considered parties enter appearances
in writing on forms provided for that purpose.
[2]
The Chairman, Acting Chairman, or designee shall
have the power to administer oaths to witnesses.
[3]
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 witnesses on all relevant
issues.
[4]
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
[5]
The Township, at its discretion, may require a
stenographic record of the proceedings, and such transcript of the
proceedings and copies of graphic or written material received in
evidence shall be made available to any party at cost.
[6]
The Board of Commissioners shall render a written
decision on the application, and communicate it to the applicant in
accordance with the Pennsylvania Municipalities Planning Code.
(f)
Criteria for conditional use approval. The Board of Commissioners
shall grant a conditional use only if it finds substantial evidence
that any proposed development plan submitted complies with all of
the following:
[1]
Meets all conditions of uses expressed in the use
classification section of this chapter.
[2]
Does not conflict with the Township and County
Comprehensive Plans and other plans adopted by the Township.
[3]
Is consistent with the spirit, purposes, and intent
of the applicable zoning district.
[4]
Is in conformance with all applicable requirements
of this chapter and all municipal, state and federal codes applicable
to the use or process in question.
[5]
Is suitable for the property in question. This
criterion shall consider issues such as traffic, vehicular and pedestrian
circulation, location and design of parking areas, adjacent land use(s),
and other impacts on the surrounding area. If the proposal is adjacent
to a residential district, the scale of the use shall relate to and
complement the surrounding area.
[6]
Public utilities. All uses shall be capable of
being served by public sewer. A use may be permitted to be served
by an on-lot sanitary system only if deemed acceptable by the Board
of Commissioners and the adopted 537 Plan of the Township, upon recommendation
of the Township Engineer. Sufficient water supply must be available
to accommodate all the needs of the proposed use.
(g)
Conditions. The Board of Commissioners may require adjustments
to the proposal as a condition of approval.
G.
Additional requirements for conditional uses.
(2)
General information. Applicants shall submit with their application
data:
(a)
Total number of participants, quantified by type (including
but not limited to users/members, teachers, staff, volunteers, residents,
students) and by their method and time of arrival and departure from
the site.
(b)
Age distribution of participants.
(c)
Days and hours of operation, including normal periods of concentrated
ingress and egress.
(d)
Description and expected attendance at regularly scheduled events,
including third-party and other uses of the property beyond those
commonly associated with like uses of similar properties.
(3)
Separation requirements. Separation requirements shall apply
to the following residential uses: alternative housing options for
the elderly; convent, monastery or similar institutional residential
facility; student home. No more than one such use shall be permitted
within 500 feet of another use regulated by this subsection and/or
a nonconforming use, measured by the shortest distance between the
lot on which the proposed use will be located and the lot or lots
which contain the existing use.
(4)
Traffic impact study (TIS). The Director of Building and Planning
shall require a traffic impact study if needed to assure compliance
with the following requirements. If required, the Township Engineer
shall determine the scope of the study and the assumptions utilized.
(a)
The traffic generated by the proposed use, when combined with
the current use, shall not result in a level of service lower than
C, or, if the level of service is already C or below, shall not alter
such level of service for adjacent streets and/or the nearest intersections
thereof.
(b)
The proposed use shall demonstrate that it does not create an
unsafe traffic condition due to site obstructions at the points of
ingress and egress.
(c)
The Board of Commissioners may impose additional conditions
to mitigate the adverse impact of traffic generated by the proposed
use, such as requiring staggered starting and ending times, site circulation
or enrollment/public access limits.
(5)
Loading/queuing requirements. Loading/queuing requirements shall
be provided on site in compliance with the following standards, unless
otherwise provided for with reference to specific uses:
(a)
One loading/queuing space per 10 participants to be dropped
off/picked up by automobile per hour at the maximum anticipated level
of such activity.
(b)
One oversized loading/queuing space per bus loading or discharging
at the site at any one time.
(c)
Only a new use or that portion of the property proposed for
an expanded use shall be required to meet these loading/queuing standards.
(6)
Lighting. Lighting shall be provided in compliance with Chapter 105, Noise and Exterior Lighting, and with § 155-3.11, Ambience standards.
(a)
Lighting shall be provided along all interior walkways and parking
areas to be used after dusk.
(b)
Lighting for interior walkways shall be a maximum of 12 feet
above finished grade.
(c)
Lighting for parking areas shall be a maximum of 12 feet above
finished grade unless the applicant can demonstrate that taller lights
will not increase light spillage or glare on adjacent properties.
(d)
The source of illumination for all light fixtures on the exterior
of the building shall be screened from off-site view.
(7)
Buffering. Landscaped buffer areas (including a wall, fence,
suitable planting or combination if approved by the Township) incorporating
a variety of deciduous and evergreen trees and shrubs shall be provided
along all property lines in compliance with the following:
H.
Additional requirements for conditional use approval for historic resources regulated by § 155-7.1, HROD Historic Resource Overlay District.
(1)
Where the historic resource is located in a local historic district,
the work of the Historical Commission under this subsection shall
be performed by the Board of Historical Architectural Review.
(2)
An applicant seeking conditional use approval under the provisions of § 155-11.1H shall submit the appropriate application to the Director of Building and Planning in accordance with the provisions of § 155-11.1F, Conditional uses. The information to be provided shall include the following:
(a)
Name and address of the record owner and applicant (if different).
(b)
Site plan showing all buildings and structures on the property.
(c)
Recent photographs of the historic resource.
(d)
A detailed narrative description of the proposed use(s).
(e)
Any physical changes proposed for the affected historic resource(s)
and their surrounding landscape.
(f)
Any proposed modifications to otherwise applicable form and
parking regulations.
(3)
The application shall be accompanied by an historic resource impact study, in accordance with § 155-7.1J, Historic resource impact study, where any land development or subdivision is proposed on:
(4)
The Director of Building and Planning shall forward the complete application to either the Board of Historical Architectural Review or the Historical Commission and the Planning Commission in accordance with § 155-11.1F. The Historical Commission (or the Board of Historical Architectural Review), at a regular or special meeting, shall review the application for conditional use and shall promptly forward its recommendations to the Director of Building and Planning for distribution to the Building and Planning Committee of the Board of Commissioners. In formulating its recommendations, the Historical Commission (or the Board of Historical Architectural Review) shall consider each of the criteria imposed by this section for the grant of conditional use approval.
(5)
The Building and Planning Committee and the Board of Commissioners shall act upon the application in accordance with the provisions of § 155-11.1F. The Building and Planning Committee may refer the application to a hearing officer to conduct any hearings and make recommendations to the Committee.
(7)
Criteria for the grant of conditional use approval. Where a use is permitted in an Historic Resource Overlay District by conditional use, that use shall not be granted unless the following requirements have been satisfied in addition to those set forth in § 155-11.1F.
(a)
The applicant shall have the burden of demonstrating that approval
of the application will not jeopardize the preservation of the historic
resource(s) contained on the property subject to application. To sustain
this burden the applicant shall present evidence demonstrating the
following:
[1]
The exact location of the area in which the work
is to be done.
[2]
The exterior changes to be made or the exterior
character of the structure to be erected.
[3]
A list of the surrounding structures with their
general exterior characteristics.
[4]
The effect of the proposed change upon the general
historic and architectural nature of the property.
[5]
The appropriateness of exterior architectural features
of structures involved with the proposed work.
[6]
The general design, arrangement, texture, material,
scale, mass and color of any affected building, structure or site
and the relation of such factors to similar features of other structures
on the property.
[7]
That rehabilitation work will not destroy the distinguishing
qualities or character of the historic resource and its environment.
[8]
In the event that replacement of contributing architectural
features is necessary, the new material should, as closely as possible,
match the material being replaced in kind. At a minimum, the composition,
design, color, texture and other aesthetic qualities shall be sympathetic
to and in character with the historic resource. In instances where
original materials are either unavailable or their use economically
infeasible, the Board may approve the use of materials which are aesthetically
consistent with, even if not completely duplicative of, the character
of the historic resource.
[9]
Distinctive stylistic features or examples of skilled
craftsmanship shall be preserved.
[10]
Changes which may have taken place in the course
of time are evidence of the history and development of the building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
[11]
A property shall be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
(8)
The most current version of the Secretary of the Interior's
Standards for Rehabilitation of Historic Structures, as amended, shall
be used as a guideline in carrying out any plans involving the rehabilitation,
alteration or enlargement of historic resource(s).
(9)
Where plans involving the rehabilitation, alteration or enlargement
of historic resource(s) will result in all or portions of any such
resource(s) remaining unoccupied, such unoccupied resources shall
be securely sealed and barred off and the utilities turned off for
safety, in a manner not jeopardizing historical integrity, as per
the most current construction techniques for historic structures.
(10)
A means to guarantee the permanent protection of the historical
integrity of the subject resource(s), such as the establishment of
conservation easement(s) or appropriate covenants in a form acceptable
to the Township Solicitor, shall be provided.
(11)
The applicant shall have the burden of proving that the historical
integrity of the resource has been provided for through the design
of the building improvements as well as through implementation of
buffering, landscaping, lighting, storage, access and traffic management,
interior circulation, loading, parking, fencing, signage and all other
land development features.
(12)
The applicant shall have the burden of proving that the grant
of the application will not be destructive of the integrity of the
historic resource or detrimentally affect the value of surrounding
properties.
(13)
The applicant must comply with the parking requirements for the proposed use as set forth in Article VIII, Parking Standards. The Board of Commissioners may prohibit any additional parking between the right-of-way and the facade of the building if the Board finds such parking would negatively impact the historical integrity of the resource.
[Amended 10-21-2020 by Ord. No. 4196]
(14)
The applicant must comply with the requirements of this chapter
with respect to signage. The Board of Commissioners may approve on
reduction in the size of the signage if it finds that the permitted
signage will obstruct views required to assure the safety of the public
or to retain the historic nature of the property.
(15)
The Board of Commissioners may attach conditions to achieve
the objectives set forth in this section and to promote the public
health, safety and welfare, which conditions may relate to any aspect
of the proposed use of the property, including but not limited to
buffering, parking, signage, traffic volume and flow, hours of operation,
noise and odor emission.
(16)
Where the Board of Commissioners waives any requirement which
thereby increases the rate or volume of stormwater generated on the
property, the additional rate and/or volume of runoff caused by such
waiver shall be controlled for the 100-year storm.
I.
Fees. The Board of Commissioners shall establish and revise, from
time to time, by resolution or ordinance, a schedule of fees, as well
as a collection procedure, for all applications submitted under the
provisions of this chapter. The schedule of fees shall be available
to the public from the Zoning Officer or Township Secretary.
J.
Landowner curative amendments.
(1)
A curative amendment may be filed by a landowner who desires
to challenge, on substantive grounds, the validity of this chapter
or the Zoning District Map or any provision thereof, which prohibits
or restricts the use or development of land in which he/she has an
interest.
(2)
Procedure. The landowner may submit a curative amendment to
the Board of Commissioners with a written request that his challenge
and proposed amendment be heard and decided as provided in the Pennsylvania
Municipalities Planning Code, Act 247, as amended. As with other proposed
amendments, the curative amendment shall be referred to the Township
Planning Commission and the Montgomery County Planning Commission
at least 30 days before the hearing is conducted by the Board of Commissioners,
pursuant to Pennsylvania Municipalities Planning Code, Section 908.[1] Public notice shall be given in accordance with the applicable
provisions of the Pennsylvania Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10908.
(3)
Evaluation of merits of curative amendment. If the Board of
Commissioners determines that a validity challenge has merit, the
Board of Commissioners may accept a landowner's curative amendment,
with or without revision, or may adopt an alternative amendment which
will cure the alleged defects. The Board of Commissioners shall consider
the curative amendments, plans and explanatory material submitted
by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, public schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of protected persons otherwise unlawfully
excluded by the challenged provisions of this chapter or Zoning District
Map;
(c)
The suitability of the site for the intensity of the use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(e)
The impact of the proposal on the preservation of open space
and other land uses which are essential to public health and welfare.
(4)
Declaration of invalidity by court. If the Township does not
accept a landowner's curative amendment brought in accordance with
this section and a court subsequently rules the challenge has merit,
the court's decision shall not result in a declaration of invalidity
for this entire chapter but only for those provisions which specifically
relate to the landowner's curative amendment challenge.
K.
Municipal curative amendments. If the Township determines that this
chapter or any portion thereof is substantially invalid, it shall
take the following actions:
(1)
The Township shall declare, by formal action, its Zoning Code
or portions thereof substantively invalid and propose to prepare a
curative amendment to overcome such invalidity. Within 30 days following
such declaration and proposal, the Board of Commissioners shall:
(2)
Within 180 days from the date of the declaration and proposal,
the Township shall enact a curative amendment to validate, or reaffirm
the validity of, its Zoning Code pursuant to the provisions required
by Section 609 of the MPC in order to cure the declared invalidity
of the Zoning Code.
(3)
Upon the initiation of the procedures, as set forth in Subsection K(1), the Board of Commissioners shall not be required to entertain or consider any landowner's curative amendment filed under Section 609.1 of the MPC,[2] nor shall the Zoning Hearing Board be required to give
a report requested under Section 909.1 or 916.1 of the MPC.[3] Upon completion of the procedures as set forth in Subsection K(1) and (2), no rights to a cure pursuant to the provisions of Sections 609.1 and 916.1 of the MPC shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended Zoning Code for which there has been a curative amendment pursuant to this section.
A.
For rules and regulations of the Zoning Hearing Board, unless stated otherwise, the requirements of the PA Act 247, Municipalities Planning Code, Article IX, Zoning Hearing Board, shall apply.
B.
Jurisdiction.
(1)
Pursuant to § 10909.1 of the Municipalities Planning
Code (53 P.S. § 10909.1), the Zoning Hearing Board shall
have exclusive jurisdiction to hear and render final adjudications
consistent herewith.
[Amended 4-17-2024 by Ord. No. 4289]
(a)
The Zoning Hearing Board shall have exclusive jurisdiction in
the following matters:
[1]
Substantive challenges to the validity of any land
use ordinance, except those brought before the Board of Commissioners
pursuant to Sections 609.1 and 916.1(a)(2) of the Municipalities Planning
Code, as amended [53 P.S. §§ 10609.1 and 10916.1(a)(2)].
[2]
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 therefor, the issuance of any
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
[3]
Appeals from a determination related to the administration
of any floodplain or flood hazard ordinance or such provisions within
a land use ordinance.
[4]
Applications for variances under this Code or floodplain
or flood hazard ordinance or such provisions within a land use ordinance,
pursuant to section § 10910.2 of the Municipalities Planning
Code (53 P.S. § 10910.2).
[5]
Applications for special exceptions under this
Code or floodplain or flood hazard ordinance or such provisions within
a land use ordinance, pursuant to section § 10912.1 of the
Municipalities Planning Code (53 P.S. § 10912.1).
[6]
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 Code.
[7]
Appeals from the determination of the Zoning Officer with respect to a preliminary opinion issued pursuant to § 155-11.1E(8).
[8]
Appeals from the determination of the Zoning Officer or the 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 Article V or VII applications pursuant to the Municipalities Planning Code (53 P.S. § 10501 et seq. and 53 P.S. § 10701 et seq., respectively).
(b)
Rules of procedure. The Board may adopt rules of procedure in
accordance with the several provisions of this chapter as to the manner
of filing appeals or applications for special exceptions or variances
from the terms of this chapter.
(2)
In exercising the above-mentioned powers, the Board may:
(3)
Applications, hearings and decisions regarding variances and special exceptions in the Floodplain District shall be governed by the provisions of § 155-7.3, Floodplain Overlay District, of this chapter as well as the provisions of this article. In the event that there is a conflict between the provisions of this article and § 155-7.3, Floodplain Overlay District, the provisions of § 155-7.3, Floodplain Overlay District, shall take precedence and be controlling over the provisions of this article.
C.
Membership.
(1)
The Zoning Hearing Board shall consist of three members appointed
by the Board of Commissioners as provided by law. The word "Board,"
when used in this article, shall mean the Zoning Hearing Board. The
Board of Commissioners may also appoint up to two residents of the
Township to serve as alternate members of the Board. Regular and alternate
members shall each serve a three-year term of office, and none shall
hold any other elective or appointive office in the Township, nor
be a Township employee.
(2)
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 of a member, a quorum is not
reached, the Chairman of the Board shall designate as many alternate
members of the Board to sit on the Board as may be needed to reach
a quorum. Any alternate member of the Board shall continue to serve
on the Board in all proceedings involving the matter or case for which
the alternate was initially appointed until the Board has made a final
decision on the matter or case. Designation of an alternate pursuant
to this section shall be made on a case-by-case basis in rotation
according to declining seniority among the alternates.
(3)
When seated, an alternate shall be entitled to participate in
all proceedings and discussions of the Board to the same and full
extent as provided by law for regular Board members, including specifically
the right to cast a vote as a voting member during the proceedings,
and shall have all the powers and duties of a regular Board member.
Any alternate may participate in any proceeding or discussion of the
Board but shall not be entitled to vote as a regular member of the
Board nor be compensated unless designated as a voting alternate member.
(4)
Removal of members. Any Zoning Hearing Board member may be removed
for malfeasance, misfeasance or nonfeasance in the office or for other
just cause by a majority vote of the Board of Commissioners taken
after the member has received 15 days' advance notice of the intent
to take such vote. A hearing may be held in connection with the vote
if the member shall request it in writing.
(5)
Organization of the Board.
(a)
Officers. The Zoning Hearing Board shall elect from its own
membership its officers, who shall serve annual terms as such and
may succeed themselves.
(b)
Quorum. For the conduct of any hearing and the taking of any
action, a quorum shall be not less than a majority of all members
of the Zoning Hearing Board, except when member(s) of the Zoning Hearing
Board are disqualified to act in a particular matter, alternate members
shall be appointed to provide a quorum.
(c)
Hearing officer. The Zoning Hearing Board may appoint a hearing
officer from its own membership to conduct any hearing on its behalf,
and the parties may waive further action by the Zoning Hearing Board
and accept the findings or decision of the hearing officer as final.
(d)
Procedures. The Zoning Hearing Board may make, alter and rescind
rules and forms for its procedure, consistent with the Code of the
Township and laws of the Commonwealth of Pennsylvania.
(e)
Files and annual report. The Zoning Hearing Board shall keep
full public records of its business and shall submit a report of its
activities to the Board of Commissioners once a year.
D.
Variances.
(1)
The Board, upon application, shall have the power to authorize
variances from the requirements of this chapter and to attach such
reasonable conditions and safeguards as it may deem necessary to implement
the purposes of this chapter. A variance may be granted if 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 this chapter 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 this chapter 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 represent the minimum
variance necessary to afford relief and will represent the least modification
possible of the regulation in issue.
(e)
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
interest.
(2)
In determining whether the allowance of a variance is contrary
to the public interest, the Board shall consider whether the application,
if granted, will:
(a)
Adversely affect the public health, safety and welfare due to
changes in traffic conditions drainage, air quality, noise levels,
natural features of the land, neighborhood property values and neighborhood
aesthetic characteristics.
(b)
Conflict with the Lower Merion Township Comprehensive Plan.
(d)
Adversely affect the logical, efficient and economical extension
or provision of public services and facilities, such as public water,
sewers, refuse collection, police and fire protection and public schools.
(e)
Otherwise adversely affect the public health, safety, or welfare.
E.
Uses by special exception.
(1)
The Board shall have the power to hear and decide applications for uses by special exception as authorized by this chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Article V, Uses. The Board shall approve a use by special exception only if it meets all applicable requirements of this chapter. In granting a use by special exception, the Board may attach such reasonable safeguards or conditions, in addition to those expressed in this chapter, as it may deem necessary to properly implement this chapter and protect the public health, safety and welfare.
(2)
An applicant for a special exception shall have the burden of
establishing both:
(3)
In determining whether the allowance of a special exception
is contrary to the public interest, the Board shall consider whether
the application, if granted, will:
(a)
Adversely affect the public health, safety and welfare due to
changes in traffic conditions, drainage, air quality, noise levels,
natural features of the land, neighborhood property values and neighborhood
aesthetic characteristics.
(b)
Conflict with the Lower Merion Township Comprehensive Plan.
(d)
Adversely affect the logical, efficient and economical extension
or provision of public services and facilities, such as public water,
sewers, refuse collection, police and fire protection and public schools.
(e)
Otherwise adversely affect the public health, safety, or welfare.
(4)
The use by special exception must meet the performance standards of the zoning district in which the use is permitted if provided in Article V, Uses. When distance separation requirements are established, measurement shall be measured from property line to property line, except if noted otherwise.
(5)
In addition to any applicable requirements contained in Article V, Uses, the following additional standards shall be met by any applicant for a special exception in any residential district:
(a)
The applicant shall demonstrate that all of the required parking
shall be installed outside of the front yard. In no case shall the
front yard be paved for parking or circulation purposes with the exception
of one driveway penetrating it to reach a required parking area. Any
additional driveway(s) to reach a required parking area shall be permitted
only if authorized by the Board as a part of the order granting the
special exception.
(6)
Additional regulations for all special exceptions.
(a)
This section shall not apply to the following: uses involving
fewer than 24 residents/participants per day.
(b)
General information. Applicants shall submit with their application
data quantifying the anticipated intensity of the proposed use in
terms measuring the amount and frequency of public access. Such data
shall include, without limitation, the following:
[1]
Total number of participants, quantified by type
(including but not limited to users/members, teachers, staff, volunteers,
residents, students) and by their method and time of arrival and departure
from the site.
[2]
Age distribution of participants.
[3]
Days and hours of operation, including normal periods
of concentrated ingress and egress.
[4]
Description and expected attendance at regularly
scheduled events, including third-party and other uses of the property
beyond those commonly associated with like uses of similar properties.
(c)
Separation requirements. Separation requirements shall apply
to the following residential uses: alternative housing options for
the elderly; convent, monastery or similar institutional residential
facility; student home, and shared residences for the elderly or disabled.
No more than one such use shall be permitted:
[1]
Within 500 feet of another use regulated by this
subsection and/or a nonconforming use, measured by the shortest distance
between the lot on which the proposed use will be located and the
lot or lots which contain the existing use.
(d)
Traffic impact study (TIS). The Director of Building and Planning
shall require a traffic impact study if needed to assure compliance
with the following requirements. If required, the Township Engineer
shall determine the scope of the study and the assumptions utilized.
[1]
The traffic generated by the proposed use, when
combined with the current use, shall not result in a level of service
lower than C, or, if the level of service is already C or below, shall
not alter such level of service for adjacent streets and/or the nearest
intersections thereof.
[2]
The proposed use shall demonstrate that it does
not create an unsafe traffic condition due to site obstructions at
the points of ingress and egress.
[3]
The Zoning Hearing Board may impose additional
conditions to mitigate the adverse impact of traffic generated by
the proposed use, such as requiring staggered starting and ending
times, site circulation or enrollment/public access limits.
(e)
Loading/queuing requirements. Loading/queuing requirements shall
be provided on site in compliance with the following standards, unless
otherwise provided for with reference to specific uses:
[1]
One loading/queuing space per 10 participants to
be dropped off/picked up by automobile per hour at the maximum anticipated
level of such activity.
[2]
One oversized loading/queuing space per bus loading
or discharging at the site at any one time.
[3]
Only a new use or that portion of the property
proposed for an expanded use shall be required to meet these loading/queuing
standards.
(f)
Lighting. Lighting shall be provided in compliance with Chapter 105, Noise and Exterior Lighting, and with § 155-3.11, Ambience standards.
[1]
Lighting shall be provided along all interior walkways
and parking areas to be used after dusk.
[2]
Lighting for interior walkways shall be a maximum
of 12 feet above finished grade.
[3]
Lighting for parking areas shall be a maximum of
12 feet above finished grade unless the applicant can demonstrate
that taller lights are necessary for safety purposes.
[4]
The source of illumination for all light fixtures
on the exterior of the building shall be screened from off-site view.
(g)
Buffering. Landscaped buffer areas (including a wall, fence,
suitable planting or combination if approved by the Township), incorporating
a variety of deciduous and evergreen trees and shrubs shall be provided
along all property lines and shall be in compliance with the following:
F.
Additional requirements for special exceptions or variances in the
Floodplain District.
(1)
Applicants shall provide the Zoning Hearing Board with a site
plan at a scale of one inch equals 40 feet and a sectional profile
at a scale of one inch equals four feet, showing present site conditions,
proposed improvements, and the following information:
(2)
Prior to the public hearing by the Zoning Hearing Board of an
application for a variance or a special exception, the Secretary of
the Zoning Hearing Board shall, over his signature, notify the applicant
in writing that the issuance of a variance or special exception to
construct a structure below the base flood level will result in increased
premium rates for flood insurance and such construction below the
base flood level increases risks to life and property. Such notification
shall be maintained with a record of all variance and special exception
actions as required in this section.
(3)
The Secretary of the Zoning Hearing Board shall maintain a record
of all variance and special exception actions, including justification
for their issuance, and the Township shall report any such variances
and special exceptions issued in its annual report to the Federal
Insurance Administrator.
(4)
All permits and plans shall be approved only after it has been
determined that the proposed work to be undertaken will be in conformance
with the requirements of the state and all other applicable codes
and ordinances. The Zoning Officer shall require copies of all necessary
permits from those governmental agencies from which approval is required
by federal or state law.
(5)
The prohibitions, requirements and considerations in this subsection
shall be applied by the Zoning Hearing Board in reviewing and adjudicating
applications for variances in the Floodplain District.
(6)
Variances shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(7)
Variances shall only be issued upon compliance with the requirements of § 155-11.2D and the following:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the variance would result
in exceptional hardship.
(c)
A determination that grant of the variance will not result in
increased flood heights, additional threats to public safety or extraordinary
public expense or create nuisances or cause fraud on or victimization
of the public or conflict with any laws or statutes of the Commonwealth
of Pennsylvania or the Code of the Township of Lower Merion or regulations
of the Township of Lower Merion.
(8)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
G.
Comparable uses not specifically listed.
(1)
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses, or uses by special exception
in the zoning district in which the property is located may be allowed
by the Zoning Officer if it can be determined that the impact of the
proposed use on the environment and adjacent streets and properties
is equal to or less than any use specifically listed in the zoning
district and if the use meets those characteristics set forth below.
(2)
Determination shall consider the following characteristics of
the proposed use:
(a)
The number of employees.
(b)
The floor area of the building and the gross area of the lot
devoted to the proposed use.
(c)
The type of products, materials and equipment and/or processes
involved in the proposed use.
(d)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of this chapter.
(e)
For those uses included in the most-recent edition of the Standard
Industrial Classification Manual published by the Office of Management
and Budget, whether the proposed use shares the same SIC code or major
group number as one or more uses that are specifically listed in the
zoning district.
(f)
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
(g)
The proposed use shall comply with any applicable standards
and criteria specified in this article for the most nearly comparable
use by special exception or condition use listed in the zoning district
in which the comparable use is proposed.
(h)
The proposed use shall be consistent with the purpose statement
for the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
H.
Burden of proof; Zoning Hearing Board.
(1)
Special exception applications. The burden of persuasion and the duty of presenting evidence before the Zoning Hearing Board with respect to applications for special exceptions shall be the same as for conditional use applications before the Board of Commissioners set forth at § 155-11.1F(3) and (4) above.
(2)
Variance applications. The burden of persuasion and the duty of presenting
evidence before the Zoning Hearing Board with respect to applications
for a variance lies with the applicant as to all criteria set forth
in this article.
I.
Public hearings.
(1)
Notice. Upon the filing with the Board of an appeal or an application
for a special exception or a variance, the Board shall fix a reasonable
time and place for a public hearing thereon and shall give notice
thereof as follows:
(a)
By publishing a notice thereof once a week for two successive
weeks in a newspaper of general circulation in the Township.
(b)
By mailing due notice thereof to the parties in interest.
(c)
By mailing notice thereof to the Township Commissioner representing
the ward in which the lot or building is located.
(d)
By mailing notice thereof to every resident or association of
residents of the Township who shall have registered their names and
addresses for this purpose with the Board.
(e)
When the Board shall so order, by mailing notice thereof to
the owner or owners, if their residence is known, or to the occupier
or occupiers, of every lot on the same street within 500 feet of the
lot or building in question, and of every lot not on the same street
within 150 feet of the lot or building, provided that failure to give
notice required by this subsection shall not invalidate any action
taken by the Board.
(2)
The notices herein required shall state the location of the
building or the lot and the general nature of the question involved.
J.
Appeals and applications.
(1)
Appeals to the Board may be taken by any person aggrieved or
by any officer of the Township affected by any decision of the Zoning
Officer or the Township Engineer. Such appeal shall be taken by filing
with the officer from whom the appeal is taken and with the Board
a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
(2)
Procedure. An appeal or an application for a special exception
or variance from the terms of this chapter shall be filed with the
Secretary of the Zoning Hearing Board and shall state:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of the real estate to be affected
by the proposed exception or variance.
(c)
A brief description and location of the real estate to be affected
by such proposed change.
(d)
A statement of the present zoning classification of the real
estate in question, the improvements thereon and the present use thereof.
(e)
A statement of the section of this chapter under which the variance
or exception requested may be allowed, and reasons why it should be
granted.
(f)
A reasonably accurate description of the present improvements
and the additions intended to be made under this application, indicating
the size of such proposed improvements, material and general construction
thereof. In addition, there shall be attached a plot plan of the real
estate to be affected, prepared by a registered engineer or land surveyor,
indicating the location and size of the lot and the size of improvements
now erected and proposed to be erected thereon.
K.
Expiration of special exceptions and variances.
(1)
Unless otherwise specified by the Board, a special exception
or variance shall expire if the applicant fails to obtain a building
permit within six months from the date of authorization thereof. If
subdivision or land development approval is required to implement
the special exception or variance, the six-month period shall begin
to run on the date of the Board's approval or on the date final subdivision
or land development approval is granted, whichever shall last occur,
provided that the subdivision or land development application is submitted
within six months of the Zoning Hearing Board decision.
(2)
A use permitted by special exception or variance shall expire
if the use authorized is abandoned. If such use permitted by special
exception or variance is discontinued by nonuse, unlawful use or a
change of use to one not authorized by the previously obtained special
exception or variance or by this chapter as of right for a continuous
period of six months or more, the abandonment of such use shall be
presumed, and any subsequent use of such building or land shall be
in conformity with the provisions of this chapter.
L.
Decisions.
(1)
The Board shall render a written decision or, when no decision
is called for, make written findings on the application within 45
days after the last hearing on the application before the Board. Such
decision shall be noted in the minutes of the next meeting of the
Zoning Hearing Board. For the purposes of this section, parties in
interest shall be limited to the applicant and any person who shall
indicate by completing an appropriate form provided by the Board his/her
desire to receive notice of the Board's decision.
(2)
Failure to render a decision. Where the Board fails to render
a decision within the required forty-five-day period or fails to hold
the required hearing within 60 days of the applicant's request for
a hearing, 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.
(3)
When a decision has been rendered in favor of the applicant
because of failure of the Board to meet or render a decision, the
Board shall give public notice of the decision within 10 days from
the last day it could have met to render a decision. If the Board
shall fail to provide such notice, the applicant may do so. Nothing
in this section shall prejudice the right of any party opposing the
application to appeal the decision to the Court of Common Pleas.
M.
Mediation.
(1)
Parties to proceedings authorized in this chapter may utilize
mediation as an aid in completing such proceedings. In proceedings
before the Zoning Hearing Board, in no case shall the Zoning Hearing
Board initiate mediation or participate as a mediating party. Mediation
shall supplement, not replace, those procedures in this chapter once
they have been formally initiated. Nothing in this subsection shall
be interpreted as expanding or limiting municipal police powers or
as modifying any principles of substantive law.
(2)
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. The municipality, in
offering the mediation option, shall assure that in each case, the
mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
(a)
Funding mediation, as authorized in the Pennsylvania Municipalities
Planning Code and agreed to by the parties in mediation.
(b)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(c)
Completing mediation, including time limits for such completion.
(d)
Suspending time limits otherwise authorized in this chapter
or in the Pennsylvania Municipalities Planning Code (Act 247, as amended),
provided that there is written consent by the mediating parties, and
by an applicant or Township decisionmaking body, if either is not
a party to the mediation.
(e)
Identifying all parties and affording them the opportunity to
participate.
(f)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(g)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in this chapter.
(3)
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
N.
Appeals to court. Any person aggrieved by any decision of the Board
or any officer of the Township may, within 30 days after any decision
of the Board, appeal to the Court of Common Pleas of Montgomery County
by petition, duly verified, setting forth that such decision is arbitrary,
capricious, an abuse of discretion or otherwise not in accordance
with law, specifying the grounds upon which he/she relies.
A.
Power of amendment. The Board of Commissioners may from time to time
amend, supplement, change, modify or repeal this chapter, or any part
thereof, including the Zoning Maps, by proceeding in the manner prescribed
in this article. No regulation, restriction or district boundary shall
become effective, however, until after a public hearing in relation
thereto at which parties in interest and citizens shall have an opportunity
to be heard. The provisions of this article requiring public hearings
and notice thereof shall apply to all changes and amendments of this
chapter.
B.
Petition of citizens for zoning change.
(1)
Whenever the owners of 50% or more of any area wherein a change
of zoning regulations is sought shall present to the Board of Commissioners
a petition in the form prescribed by the Township, duly signed and
acknowledged, requesting an amendment, supplement, change, modification
or repeal of the regulations prescribed for, or of the Zoning Maps
including such area, the Board shall, except as hereinafter provided,
hold a public hearing thereon and cause notice to be given in the
manner set forth below. Whenever a petition to change the zoning classification
of a property is filed and at the time of filing the property is under
agreement of sale, both the seller and the purchaser must sign and
acknowledge the petition. In addition, three certified copies of the
agreement of sale shall be filed with the petition.
(2)
Three duly executed copies of the petition, together with copies
of a map of the area in question attached thereto, shall be filed
with the Director of Planning of the Township of Lower Merion, and
at that time the filing fee hereinafter specified shall be paid by
the petitioner. Any additional data in support of the petition which
the petitioner desires to make available for the technical review
of the Township Solicitor and the Planning Commission shall be filed
in triplicate with the petition at the time it is filed.
(3)
Referral. Any proposed amendment presented to the Board of Commissioners
without written findings and recommendations from the Township Planning
Commission and the Montgomery County Planning Commission shall be
referred to these agencies for review at least 30 days prior to the
public hearing of the Board of Commissioners. The Board of Commissioners
shall not hold a public hearing upon such amendments until the required
reviews are received or the expiration of 30 days from the date of
referral, whichever comes first.
C.
Times for public hearings; notice.
(1)
No public hearings on proposed amendments will be held during
the month of August.
(2)
The time and place of public hearings on proposed amendments
will be fixed by the Board by vote at a regular or special meeting.
(3)
Notice. The Board will cause prompt notice of such public hearings
to be given as follows:
(a)
By publishing notice of the time and place of the public hearing
once a week for two successive weeks in an official paper or a paper
of general circulation in the Township.
(b)
By mailing a notice thereof to every resident or association
of residents of the Township who shall have registered their names
and addresses for this purpose with the Township Secretary.
(c)
By posting a notice thereof on the property for which the change
is sought.
(d)
By mailing a notice thereof to every owner of property within
500 feet of the property(ies) involved.
(4)
Such notice shall state the general nature of the proposed amendment
as well as the time and place of the public hearing.
D.
Procedure at public hearing.
(1)
At the time scheduled for the public hearing, the following
procedure will be followed:
(a)
Petitions will be heard in the order of their filing.
(b)
The presiding officer will announce the hearing.
(c)
The Director of Building and Planning will describe the location
and boundaries of the area included in the petition or the area the
classification of which is proposed to be changed by the Board of
Commissioners. He/she will explain the differences between the district
regulations existing and the district regulations as requested or
proposed to be changed and will answer questions regarding the foregoing
matters.
(d)
The petitioner or the attorney or representative may submit
evidence in support of the petition. He/she may produce such testimony
as he/she chooses but the presentation of the case must be completed
within 30 minutes, except by special permission of the Board.
(e)
Evidence in opposition to the petition will be received from
any citizen or party in interest or his attorney or representative.
Opposition testimony must be completed within 45 minutes, except by
special permission of the Board.
(f)
In rebuttal, the petitioner or the attorney or representative
may answer points raised by opponents of the requested amendment,
but no new subject matter may be introduced and such rebuttal must
be completed within 15 minutes, except by special permission of the
Board.
(g)
Questions and comments by any citizen present or any civic association
or other organization will be permitted at the conclusion of the foregoing
testimony, when special permission is granted by the Board.
(h)
The Board will take the matter under advisement.
(2)
After the conclusion of a pubic hearing on a requested amendment,
no additional evidence will be received by the Board nor will any
further communication, either written or oral, be considered by the
Board, unless a further public hearing is scheduled.
E.
Decision of Board of Commissioners.
(1)
The Board of Commissioners will, after considering the testimony
and argument presented, either approve the granting of the petition,
modify it or reject it completely. An ordinance approved and adopted
by the Board shall take effect and be in force from and after its
approval as required by law. If a petition for an amendment is declined,
the Board will not entertain another petition covering the same or
substantially the same area and requesting the same change in zoning
classification for a period of one year, unless the Board concludes
that there has been such a material change in the character and circumstances
of the neighborhood that an earlier consideration is warranted.
(2)
Standards for text or rezoning amendments. In deciding whether
to adopt or deny any proposed amendment, or to adopt some modification
of the Planning Commission's recommendation, the Board of Commissioners
shall consider, among other factors, the following:
(a)
Whether the proposed amendment is consistent with the goals,
objectives, and policies of the Comprehensive Plan, as adopted and
amended from time to time;
(b)
Whether the proposed amendment is compatible with current and
projected conditions and the overall character of development in the
immediate vicinity of the subject property;
(c)
Whether the proposed amendment is the most desirable use for
which the land in the subject property is adapted; and
(d)
Whether the proposed amendment will have an adverse effect on
the value of properties throughout the jurisdiction.
[Amended 4-17-2024 by Ord. No. 4289]
A.
A failure to secure a building permit, zoning permit or Zoning Hearing
Board certificate prior to the erection, construction, extension or
addition to a building, when required, or a failure to secure a use
registration permit prior to the initiation of that use shall be a
violation of this chapter.
B.
The Zoning Officer shall issue an enforcement notice to any person,
firm, partnership, corporation, or other entity responsible for violating
any of the provisions of this chapter, or any amendment thereto, or
any detailed statement or a plan approved thereunder. If the enforcement
notice is not complied within the time period set forth in said notice,
unless extended by appeal to the Zoning Hearing Board, the Zoning
Officer shall order the discontinuance of such unlawful use of structure,
building, sign, and/or land involved in said violation or impose such
other sanctions described in the enforcement notice.
(1)
The enforcement notice shall be sent to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record.
(2)
An enforcement notice shall state at least the following:
(a)
The name of the owner of record and any other person against
whom the Township intends to take action.
(b)
The location of the property in violation.
(c)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(d)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(e)
That the recipient of the notice has the right to appeal to
the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in the ordinance.
(f)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
C.
In any appeal of an enforcement notice to the Zoning Hearing Board,
the municipality shall have the responsibility of presenting its evidence
first.
D.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $500 plus all
court costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays, nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge determining that there has been a violation further
determines that there was a good faith basis for the person, partnership
or corporation violating the ordinance to have believed that there
was no such violation, in which event, there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the Magisterial District Judge,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township.
E.
In case any building is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building or land is used
or any hedge, tree, shrub or other growth is maintained in violation
of this chapter or of any regulations made pursuant hereto, the proper
officer of the Township, in addition to other remedies, may institute
in the name of the Township any appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building or land or to prevent any illegal act,
conduct, business or use in or about such premises.
F.
Charges and fees for appeals, applications, petitions and certifications
shall be paid as set forth in the Township Schedule of Fees, as adopted
and amended from time to time by the Board of Commissioners; provided,
however, that any filing fee paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing
party by the Township if the Zoning Hearing Board or any court in
a subsequent appeal rules in the appealing party's favor.
