[Amended 3-14-77 by Ord. No. 88]
[Amended 10-9-1990 by Ord. No. 172]
A.
The Zoning Hearing Board shall consist of three members
appointed by resolution of the Board of Supervisors. The terms of
office of the members of the Board shall be three years and shall
be so fixed that the term of office of one member shall expire each
year. Appointments to fill vacancies shall be only for the unexpired
portion of the term. Members of the Board shall hold no other office
in the municipality. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by majority
vote of the Board of Supervisors taken after the member has received
15 days' advance notice of the intent to take such a vote. A hearing
shall be held in connection with the vote if the member shall request
it in writing.
B.
The Board of Supervisors may by resolution appoint two residents of Franconia Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of Subsection C of this section, an alternate member shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for 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 set forth in the Pennsylvania Municipalities Planning Code[1] as otherwise provided by law and in this chapter. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member pursuant to Subsection C of this section.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
If, by reason of absence or disqualification of a
member of the Board, 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 provide 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 determination of the matter
or case. Designation of an alternate pursuant to this subsection shall
be made on a case-by-case basis in rotation according to declining
seniority among all alternates.
D.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
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 Board.
[Amended 10-9-1990 by Ord. No. 172]
The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudications in the following
matters:
B.
Challenges to the validity of a land use ordinance
raising procedural questions or alleged defects in the process of
enactment or adoption, which challenges shall be raised by an appeal
taken within 30 days after the effective date of said ordinance.
C.
Appeals from a determination of the Zoning Officer,
including but not limited to the granting or denial of any permit
or failure to act on an application therefor, the issuance of any
cease-and-desist order or the registration or refusal to register
any nonconforming use, structure or lot.
D.
Appeals from a determination by the Township Engineer
or the Zoning Officer with reference to the administration of any
floodplain or flood hazard ordinance or such provisions within a land
use ordinance.
E.
Variances.
(1)
Applications for variances from the terms of this
chapter, including Article XVIII governing the FP Floodplain Conservation
District, or like provisions within any other land use ordinance.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter inflict unnecessary hardship upon the
applicant, and 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
any 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 Zoning Ordinance 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 applicant.
(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.
F.
Applications for special exceptions where authorized
under the provisions of this chapter, including Article XVIII, FP
Floodplain Conservation District, or such similar provisions within
any land use ordinance. Where the provisions of this chapter authorize
special exceptions to be granted or denied pursuant to express standards
and criteria, the Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria. In granting
a special exception, the board may attach such reasonable conditions
and safeguards, in addition to those expressed in this chapter, as
it may deem necessary to implement the purposes of this chapter and
of the Pennsylvania Municipalities Planning Code, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
Appeals from a determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions as may be provided in this chapter.
I.
Appeals from a determination of the Zoning Officer or Municipal 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 under Chapter 122, Subdivision and Land Development, of the Franconia Township Code.
A.
In any instance where the Board is required to consider
an exception or variance to the Zoning Ordinance in accordance with
the provisions of the chapter, the Board shall, among other things:
(1)
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 the Zoning Ordinance.
(2)
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.
(3)
Determine that the proposed change will serve the
best interests of the Township, the convenience of the community (where
applicable) and the public welfare.
(4)
Consider the effect of the proposed change upon the
logical, efficient and economical extension of public service and
facilities, such as public water, sewers, police and fire protection
and public schools.
(5)
Consider the suitability of the proposed location
of an industrial or commercial use with respect to probable effects
upon highway traffic, and assure adequate access arrangements in order
to protect major streets from undue congestion and hazard.
(6)
Be guided in its study, review and recommendation
by sound standards of subdivision practice where applicable.
(7)
Impose such conditions, in addition to those required,
as are necessary to assure that the intent of the Zoning Ordinance
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 and adequate standards of parking and sanitation.
(8)
Determine that there are special circumstances or
conditions fully described in the findings applying to the land or
buildings for which the variance is sought, which circumstances or
conditions are such that the application of the provisions of this
chapter would deprive the applicant of the reasonable use of such
land or building.
(9)
Determine that the unique circumstances for which
the variance is sought were neither created by the owner of the property
nor were due to or the result of general conditions in the district
in which the property is located.
B.
Whereas by the provisions of §§ 145-30.1, 145-34.1, 145-38.1 and 145-202.1 the Zoning Hearing Board is authorized to grant a special exception for an in-law suite (second housekeeping unit), as defined herein, the following additional standards shall apply:
[Added 5-12-1986 by Ord. No. 128; amended 7-10-1995 by Ord. No. 222; 3-11-1996 by Ord. No. 233; 8-17-2009 by Ord. No.
363; 4-12-2010 by Ord. No. 367]
(1)
The owner(s) of the residence in which the in-law suite is created
shall occupy at least one of the dwelling units.
(2)
FAMILY
Definitions. As used in Subsection B, the following terms shall have the meanings indicated:
Any number of individuals living together as a single, nonprofit, housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including any number of foster children under the care of same; or no more than five unrelated individuals living together as a single, nonprofit, housekeeping unit. This definition excludes the occupants of a club, fraternity or sorority house, community residential facility, transient establishment, such as a halfway house for recovering drug addicts and alcoholics, lodge, residential club, boardinghouse or rooming house, and also excludes unrelated mentally ill persons unless certified by county mental health/mental retardation programs as capable of residing in a dwelling, and further excludes unrelated persons receiving treatment under Article III, Involuntary Examination and Treatment, or Article IV, Determinations Affecting Those Charged with Crime or Under Sentence, of the Act of July 9, 1976, P.L. 817, No. 143, known as the "Mental Health Procedures Act."[1]
[1]
Editor's Note: See 50 P.S. § 7101 et seq.
(3)
As a special exception, the Zoning Hearing Board may interpret the
term "family" to mean any number of individuals living together, when
all members are related by blood, marriage or legal adoption, as two
housekeeping units with separate cooking facilities, subject to the
following restrictions:
(a)
The second housekeeping unit shall be a maximum of 40% of the
size of the primary housekeeping unit and no larger than 1,000 square
feet.
(b)
The occupants of the second housekeeping unit shall be limited
to two in number. The age restrictions of the Fair Housing Act, Subpart
E, Housing for Older Persons, shall apply.
(c)
The second housekeeping unit shall be an integral part of the
structure, with an interior connection such that, upon the termination
of its use as a second housekeeping unit, the rooms may be incorporated
back into the original single-family residence. It shall be attached
and shall not have a separate entrance. The Zoning Officer shall have
the sole discretion in determining compliance of the design with this
condition.
(d)
The owner of the property shall execute an agreement with the
Township, which shall be recorded with the County Recorder of Deeds,
which shall require the immediate removal of all food preparation
facilities from the second housekeeping unit at such time as the unit
is no longer being utilized by either of the persons or person for
whom the original permission was granted.
(e)
This use shall be limited to single-family detached dwellings.
(4)
Additions. Additions to an existing dwelling designed
to allow the creation of an in-law suite in that dwelling shall be
permitted; provided that yard and building coverage requirements of
this chapter are maintained and the addition will facilitate the creation
of an otherwise allowed in-law suite in a logical manner considering
design, layout and safety factors.
(5)
Exterior alterations.
(a)
Alterations to the exterior of the existing
dwelling, other than those to improve the maintenance and attractiveness
of the dwelling, shall be minimized; after creation of the in-law
suite, the building shall maintain the usual appearance of a single-family
detached dwelling and shall remain compatible with the character of
the surrounding neighborhood.
(b)
The converted dwelling shall have no more than
the existing number of entrances along the front of the building.
All other entrances to either the principal or accessory dwelling
units shall be located on the side or rear of the building.
(c)
No new unenclosed exterior stairways shall be
allowed on the front of the converted dwelling.
(d)
Necessary changes in the number or placement
of windows to provide adequate light and air will be allowed, but
shall be minimized; any changes which occur must be done in a manner
consistent with the architectural character of the dwelling.
(6)
Parking. A minimum of one all-weather off-street parking
space, with unrestricted ingress and egress to the street, shall be
provided for the in-law suite, in addition to that required for the
original dwelling unit.
(7)
Heath and Safety Code requirements.
(a)
Both units in the converted dwelling shall conform
to all requirements of the applicable building, health, fire and sanitary
codes which regulate structural soundness, overcrowding, fire protection,
sewage disposal and water supply.[2]
(b)
If an on-site sewer or water system are to be
used, the applicant shall submit evidence to the Zoning Hearing Board
showing that the total number of occupants in the two units will not
exceed the maximum capacities for which the original one-unit system
were designed, unless those systems are to be expanded, in which case
the expansion approvals are to be submitted. Any connection to or
addition to an existing on-site sewer system shall be subject to the
review and approval of the Sewage Enforcement Officer.
(8)
Submission of plans.
(a)
The applicant shall submit to the Zoning Hearing
Board:
[1]
Sketch floor plan(s) showing the location, size
and relationship of both the accessory apartment and the primary dwelling
within the building;
[2]
Rough elevations showing the modification of
any exterior building facade to which changes are proposed; and
[3]
A site development sketch plan properly showing
and locating the dwelling and other existing buildings; all property
lines; any proposed addition (along with minimum building setback
lines; the location, size and extent of all underground utilities;
and the length, width and function of all rights-of-way and easements
potentially affecting that addition); the required parking spaces
for both dwelling units; and any one-hundred-year floodplain, fifteen-percent
or greater slopes or other natural or man-made conditions which might
affect these items.
(b)
All plans and elevations shall be clear and
concise and drawn to a scale of not less than one inch equals four
feet for the floor plan(s) and elevation(s) and one inch equals 20
feet for the site development plan.
C.
Where, by the provisions of § 145-76.1, the Zoning Hearing Board is authorized to grant a special exception for a cellular telephone site, as defined in this chapter, the following standards shall apply, in addition to the standards required by Subsection A of this section:
[Added 3-11-1996 by Ord. No. 231; amended 5-8-2000 by Ord. No. 282; 4-12-2010 by Ord. No. 367]
(1)
The applicant shall present evidence to demonstrate
that the proposed cellular telephone site will serve the following
purposes:
(a)
To accommodate the need for cellular communications
antennas while regulating their location and number in the municipality.
(b)
To minimize adverse visual effects of cellular
communications antennas and antenna support structures through proper
design, siting and vegetative screening.
(c)
To avoid potential damage to adjacent properties
from antenna support structure failure and falling ice, through engineering
and proper siting of antenna support structures.
(d)
To encourage the joint use of any new antenna
support structures, to reduce the number of such structures needed
in the future.
(2)
Standards for approval of special exceptions.
(a)
All other uses ancillary to the antenna and
associated equipment (including a business office, maintenance depot,
vehicle storage, etc.) are prohibited from the site, unless otherwise
permitted in the zoning district in which the site is located.
(b)
The applicant must demonstrate, using technological
evidence, that the antenna must go where it is proposed in order to
satisfy its function in the applicant's grid system.
(c)
Antenna height. The applicant shall demonstrate
that the antenna is the minimum height required to function satisfactorily.
No antenna that is taller than this minimum height shall be approved.
(d)
Setbacks from base of antenna support structure.
The minimum distance between the base of the support structure or
any guy wire anchors and any property line shall be the greatest of
the following:
(e)
Antenna support structure safety. The applicant
shall demonstrate that the proposed antenna and support structure
are safe and the surrounding areas will not be negatively affected
by support structure failure, failing ice or other debris, electromagnetic
fields or radio frequency interference. All support structures shall
be fitted with anti-climbing devices, as approved by the manufacturers.
(f)
Fencing. A fence shall be required around the
antenna support structure and other equipment, unless the antenna
is mounted on an existing structure. The fence shall be eight feet
in height.
(h)
In order to reduce the number of antenna support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users, including
other cellular communication companies, and local police, fire and
ambulance companies.
(i)
The applicant must demonstrate that it is licensed
by the Federal Communications Commission.
(j)
Required parking. If the cell site is fully
automated, adequate parking shall be required for maintenance workers.
If the site is not automated, the number of required parking spaces
shall equal the number of people on the largest shift.
(k)
Antenna support structures under 200 feet in
height should be painted silver or have a galvanized finish retained,
in order to reduce the visual impact. Support structures may be painted
green up to the height of nearby trees. Support structures 200 feet
in height or taller, or those near airports, shall meet all Federal
Aviation Administration (FAA) regulations. No antenna support structure
may be artificially lighted except when required by the FAA.
(l)
The applicant shall be required to assure removal
of the tower and support structure if use of the tower is discontinued.
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 appealed from and may
make such additional 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 the manner
of filing appeals or applications for special exceptions or for variance
from the terms of this chapter. All appeals and applications made
to the Board shall be in writing, on forms prescribed by the Board.
Every appeal or application shall refer to the specific provision
of the ordinance 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.
[1]
Editor's Note: Former § 145-160,
Meetings, was repealed 10-9-1990 by Ord. No. 172.
[Amended 10-9-1990 by Ord. No. 172]
The Board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Public notice shall be given and written notice shall
be given to the applicant, the Zoning Officer, such other persons
as the Township may designate by ordinance and any person who has
made timely request for the same. Written notices shall be given at
such time and in such manner as shall be prescribed by rules of the
Board. In addition to the written notice provided herein, written
notice of said hearing shall be conspicuously posted on the affected
tract of land at least one week prior to the hearing.
B.
The hearing shall be held within 60 days from the
date of the applicant's request, unless the applicant has agreed,
in writing, to an extension of time.
C.
The hearing shall be conducted by the Board. The decision,
or, where no decision is called for, the finding, shall be made by
the Board.
D.
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board and any other person, including civic or
community organizations, permitted to appear by the Board. The Board
shall have the power to require that all persons who wish to be considered
parties enter appearances, in writing, on forms provided by the Board
for that purpose.
E.
The Chairman or Acting Chairman of the Board presiding
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents required by the parties.
F.
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 adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant,
immaterial or unduly repetitious evidence may be excluded.
H.
The Board shall keep a stenographic record of the
proceedings.
I.
The Board shall not communicate, directly or indirectly,
with any party or his representatives in connection with any issue
involved except upon notice and opportunity for all parties to participate;
shall not take notice of any communication, reports, staff memoranda
or other materials, except advice from its solicitor, unless the parties
are afforded an opportunity to contest the materials so noticed; and
shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
J.
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 before the Board. Where the
application is contested or denied, each decision shall be accompanied
by findings of fact and conclusions based thereon, together with the
reasons therefor. Conclusions based on any provisions of the Pennsylvania
Municipalities Planning Code, as amended,[1] or any provisions of this chapter, rule or regulation
shall contain a reference to the provision relied on and the reasons
why the conclusion is deemed appropriate in light of the facts found.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
K.
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to him not later than the day following its date.
To all other persons who have filed their name and address with the
Board not later than the last day of the hearing, the Board shall
provide, by mail or otherwise brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
[1]
Editor's Note: Former § 145-163,
Appeals from decision of Board, was repealed 10-9-1990 by Ord. No.
172.
[Amended 10-9-1990 by Ord. No. 172]
Application before the Zoning Hearing Board
shall be accompanied by a cash payment to the Township Zoning Officer
in accordance with the Fee Schedule adopted by resolution of the Board
of Supervisors, as such schedule may be amended from time to time.
The appearance fee for a stenographer shall be shared equally by the
applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
shall be paid by the person appealing from the decision of the Board
if an appeal is made, and in either event, the cost of additional
copies shall be paid by the person requesting such copy or copies.
In other cases, the party requesting the original transcript shall
bear the cost thereof.
