The Board shall have the following powers:
A. Appeals and interpretations. To hear and decide appeals where it
is alleged there is an error in any order, requirement, decision or
determination made by an administrative official in the enforcement
of this chapter or administrative procedures adopted pursuant thereto.
To interpret upon the words, terms, rules, regulations, provisions
and restrictions of this chapter where there is doubt as to the meaning
thereof, including determination in specific instances whether questionable
uses are permitted by virtue of being "similar to" or "customarily
incidental to" permitted uses as may be specifically provided by this
chapter.
B. Special exceptions. To hear and decide special exceptions to the
terms of this chapter, in such cases as are herein expressly provided
for, with power to impose appropriate conditions and safeguards.
(1)
The Board shall request a review of the application for special
exception by the Planning Commission prior to the publicly scheduled
public hearing to determine whether the standards of this chapter
have been met and any recommendations for conditions of approval.
Final approval and determination of these conditions shall be made
by the Board.
C. Variances.
(1)
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, by rule, prescribe the form of application
and may require preliminary application to the Zoning Officer. The
Board may grant a variance, provided that 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 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.
(e)
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.
(2)
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 and this chapter.
D. Discretionary items enumerated in Article
XIX, Nonconforming Uses, Lots, Buildings, and Structures, of this chapter.
E. Other matters as provided for in this chapter or in Section 909.1
of the Pennsylvania Municipalities Planning Code, as amended.
In any instance where the Zoning Hearing Board is required to
consider a special exception or variance to this chapter or the Zoning
Map in accordance with the provisions of this chapter, the Board shall,
among other things:
A. Consider the suitability of the property for the use desired. Assure
itself that the proposed change is consistent with the spirit, purpose
and intent of this chapter.
B. Determine that the proposed change will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and that the use of the property adjacent to the
area included in the proposed change or plan is adequately safeguarded.
C. Determine that the proposed change will serve the best interests
of the Borough, the convenience of the community (where applicable),
and the public welfare.
D. Consider the effect of the proposed change upon the logical, efficient
and economical extension of public services and facilities such as
public water, sewers, police and fire protection and public schools.
E. Consider the suitability of the proposed location of an industrial
or commercial use with respect to probable effects upon highway traffic,
and ensure adequate access arrangements in order to protect all streets
from undue congestion and hazard.
F. Be guided in its study, review and recommendation by sound standards
of subdivision practice where applicable.
G. Impose such conditions, in addition to those required, as are necessary
to ensure that the intent of this chapter is complied with, which
conditions may include, but are not limited to, harmonious design
of buildings, planting and its maintenance as a sight or sound screen,
the minimizing of noxious, offensive or hazardous elements, adequate
standards of parking and sanitation.
In exercising the above-mentioned powers, the Board may reverse
or affirm, wholly or in part, or may modify the order, requirement,
decision or determination as ought to be made, and, to that end, shall
have all the powers of the officer from whom the appeal is taken.
The Board shall adopt rules of procedure in accordance with
the several provisions of this chapter as to manner of filing appeals
or applications for special exceptions or for variance from the terms
of this chapter. All appeals and application shall refer to the specific
provision of the chapter involved, and shall exactly set forth the
interpretation that is claimed, the use for which the special exception
is sought, the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted,
as the case may be.
Meetings of the Board shall be held at the call of the Chairman
and at such times as the Board may determine the Chairman, or in his
absence, the Acting Chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the Board shall be open to
the public. The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing
to vote, indicating such fact, keep records of its examinations and
other official actions, all of which shall be immediately filed in
the office of the Board and shall be a public record.
The Zoning Hearing Board in considering any matter within its
jurisdiction may consult with the North Wales Borough Planning Commission,
the Montgomery County Planning Commission or any other specialist
or groups of specialists having expert knowledge of the matter under
consideration.
Unless otherwise specified by the Zoning Hearing Board, a special
exception or variance shall expire if the applicant fails to obtain
a permit in connection therewith within 365 days of the date of authorization
thereof. In those instances where land development/subdivision approval
is a necessary prerequisite prior to obtaining a building permit,
the special exception or variance shall expire if the applicant fails
to make a diligent effort to obtain such approval within 180 days
following the date of approval. Upon receipt of land development approval,
the special exception or variance shall expire if a building permit
is not obtained within 365 days of the date of the land development
approval.
Appeal to court. Any person aggrieved by any decision of the
Borough Zoning Hearing Board may, in 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 relies.
A charge which shall be determined, from time to time, by the
North Wales Borough Council shall be made, payable in advance, for
the following:
A. For each application made to the Zoning Hearing Board for the granting
of a special exception or a variance or for an appeal from a decision
of the Zoning Officer wherein the application for a special exception
or variance or appeal from the Zoning Officer concerns premises which
are zoned residential and which will contain no more than two single-family
dwelling units.
B. For all other applications made to the Zoning Hearing Board for the
granting of a special exception or a variance and for all other appeals
from a decision of the Zoning Officer.
C. For each application made to the Zoning Hearing Board or Borough
Council which constitutes a challenge to this chapter, or parts thereof;
or Zoning Map, or parts thereof.