In order that the objectives of this chapter
may be more fully and equitably achieved and a means of competent
interpretation of this chapter provided there is established a Zoning
Hearing Board for the Township. Such Board is established in accordance
with the provisions of the Pennsylvania Municipalities Planning Code,
as amended (53 P.S. § 10101 et seq.).
Upon the filing and application with the Board
for a special exception, variance or appeal from alleged error of
the Zoning Officer, the Board shall fix a reasonable time and place
for a public hearing thereon and give notice as follows:
A. Timing of notice. Public notice shall be given not
more than 30 days and not less than 14 days in advance of any public
hearing. Such notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing.
B. Contents of notice. The notice shall give written
notice to parties in interest who shall be, at least, those persons
whose properties adjoin or are across public roads from the property
in question.
C. Notification to the Planning Commission. At least
30 days before the date of hearing on an application for a special
exception, the secretary of the Zoning Hearing Board shall transmit
a copy of said application to the Planning Commission together with
a copy of the notice of the aforesaid hearing.
The Zoning Hearing Board shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination, including any order requiring an alleged
violator to stop, cease and desist, made by the Zoning Officer in
the enforcement of this chapter.
The Zoning Hearing Board shall hear and make
findings on challenges to the validity of any provision of this chapter
with respect to substantive questions.
In exercising the above-mentioned powers, the
Zoning Hearing Board may, in conformity with the provisions of this
chapter, reverse or affirm, wholly or partly, or may modify the order,
requirements, decision, or determination, including a stop order or
orders to cease and desist as ought to be made. Notice of such decision
shall forthwith be given to all parties in interest. The Board shall
render a written decision within 45 days after the last hearing before
the Board.
Appeals to the Zoning Hearing Board may be taken
by any person or Township Official aggrieved or affected by any provision
of this chapter or by any decision including any order to stop, cease,
and desist issued by the Zoning Officer in enforcing the provisions
of this chapter.
The Zoning Hearing Board shall request an advisory
recommendation from the Planning Commission on any application for
a special exception, the Planning Commission to submit a report of
such advisory recommendation prior to the date of the public hearing
held by the Board on an application.
The Zoning Hearing Board may grant a variance
to a provision of this chapter provided the following standards are
satisfied where relevant in a given case.
A. Unique or irregular conditions. Unique physical circumstances
or conditions exist, including irregularity, narrowness or shallowness
of lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property. An unnecessary hardship
must be created by such conditions, and not the circumstances or conditions
generally created by the provisions of this chapter in the district
in which the property is located.
B. Strict conformity cannot occur. Because of the physical circumstances or conditions described in §
200-152A, there is no possibility that the property can be developed in strict conformity with the applicable provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C. Liability of the applicant. Such unnecessary hardship described in §
200-145A(1) has not been created by the applicant, subsequent to the adoption of this chapter, or prior ordinances, and that strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land, structure or building.
D. Impact of variance on district. The variance, if authorized,
will not alter the essential character of the applicable zoning district
in which the property is located, nor substantially or permanently
impair the appropriate use or development of adjacent property, nor
be detrimental to the public welfare.
E. Minimum variance. The variance, if authorized, will
represent the minimum variance that will afford relief and will represent
the least modification possible of the regulation in issue.
F. Conditions. The variance, if authorized, shall be
subject to such conditions as will assure that the adjustment to provisions
of this chapter shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity
and zoning district in which the property is situated.
The Zoning Hearing Board shall hear and decide
all requests for special exception uses as identified within this
chapter in accordance with the following standards:
A. Relationship to the Comprehensive Plan. Consideration
of the size, scope, extent and character of the proposed special exception
and assurance that such use is consistent with community goals and
objectives of the West Brandywine Township Comprehensive Plan.
B. Relationship to this chapter. Consideration of the
proposed special exception with respect to promoting harmonious development
within the spirit, purpose and intent of this chapter, and that the
proposed use will not adversely affect the public health, safety and
welfare of Township residents.
C. Suitability of the tract. Consideration of the suitability
of the tract including environmental conditions, highway access and
availability of sewer and water facilities.
D. Impact on existing neighborhood character. Consideration
of the extent to which the proposed special exception will alter the
character of the existing neighborhood and adjacent tracts.
E. Impact on circulation. Consideration of the effects
of the proposed special exception will have with respect to traffic
patterns and volumes, access, parking and undue congestion.
F. Economic impact. Consideration of the character and
type of development proposed as it relates to generating revenue for
the Township and that the proposed use will not detract from the surrounding
community property value.
Any person aggrieved by any decision of the
Zoning Hearing Board, any Township residents, or member of the Supervisors
may, within 30 days after such decision of the Board, appeal to the
Court of Common Pleas of Chester County, by petition, duly verified,
setting forth that such decision is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law, and specifying
grounds upon which he relies.
Appeals and applications before the Zoning Hearing
Board shall be accompanied by a payment to the Township in accordance
with a fee schedule adopted by resolution of the Board of Supervisors
upon enactment of this chapter or as such schedule may be amended
by resolution of the Board of Supervisors.