All expenditures for services incurred by the
Zoning Hearing Board shall be in accordance with the applicable provisions
of the MPC.
The Zoning Hearing Board shall have the exclusive
jurisdiction to hear and render decisions in the following matters:
A. Substantive validity challenges.
(1) The Zoning Hearing Board shall have jurisdiction over
and shall conduct hearings and render decisions on challenges to the
substantive validity of this chapter in accordance with the requirements
of Article IX of the MPC.
(2) Challenges to the validity of this chapter, 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 this chapter.
B. Special exceptions. Special exceptions, as provided
for in this chapter and subject to all applicable requirements, including,
but not limited to.
(1) Filing requirements. All applications for special
exceptions shall be submitted to the Zoning Officer. All applications
shall be made on the form supplied by the Township and shall contain
all information requested on such form. All applications shall also
contain the following information:
(a)
Name and address of the applicant and, if different,
the name and address of the landowner. If the applicant is not the
landowner of record, information demonstrating that the applicant
has the legal right to make the application shall accompany the application.
(b)
Dimensions and shape of the lot to be developed,
and the exact location and dimensions of any structure existing or
to be erected.
(c)
The height of any proposed buildings or structures.
(d)
Existing and proposed uses of all existing and
proposed structures and land uses.
(e)
Existing and proposed off-street parking and
loading spaces.
(f)
A site plan with sufficient detail and accuracy
to demonstrate compliance with all applicable provisions of this chapter.
(g)
A written description of the proposed use in
sufficient detail to demonstrate compliance with all applicable provisions
of this chapter, including citations to sections of this chapter under
which the application is filed.
(h)
A listing of all conditional uses and/or variances
which the applicant is requesting in connection with the proposed
use.
(2) General criteria. Each applicant must demonstrate
compliance with the following:
(a)
The proposed use shall be in compliance with
all applicable provisions and consistent with the purpose and intent
of this chapter;
(b)
The proposed use shall not detract from the
use and enjoyment of adjoining or nearby properties;
(c)
The proposed use will not substantially change
the character of the subject property's neighborhood;
(d)
Adequate public facilities are available to
serve the proposed use (e.g., schools, fire, police and ambulance
protection, sewer, water and other utilities, vehicular access, etc.);
(e)
For development within the floodplain, that the application complies with those requirements listed in Chapter
230, Floodplain Management;
[Amended 12-17-2020 by Ord. No. 2020-07]
(f)
The proposed use shall comply with those criteria specifically listed in Article
IV of this chapter. In addition, the proposed use must comply with all other applicable regulations contained in this chapter;
(g)
The proposed use will not substantially impair
the integrity of the Township's Comprehensive Plan; and
(h)
The proposed use shall not be detrimental to
the public, health, safety, and welfare.
(3) Conditions. The Zoning Hearing Board, in approving special exception applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII; and
(4) Site plan approval. Any site plan presented in support of the special exception pursuant to Subsection
C(1) shall become an official part of the record for said special exception. Approval of any special exception will also bind the use in accordance with the submitted site plan; therefore, should a change in the site plan be required as part of the approval of the use, the applicant shall revise the site plan prior to the issuance of a building permit. Any subsequent change to the use on the subject property not reflected on the originally approved site plan shall require the obtainment of another special exception approval.
C. Variances. The Zoning Hearing Board shall hear requests
for variances where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The Zoning Hearing
Board may, by rule, prescribe the form of application to the Zoning
Officer. The Zoning Hearing Board may grant a variance, provided that
all of the following findings are made where relevant in a given case:
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions, and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or zone
in which the property is located;
(2) That because of such physical circumstances or conditions,
there is not 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 reasonable use of the
property;
(3) That such unnecessary hardship has not been created
by the applicant;
(4) That the variance, if authorized, will not alter the
essential character of the zone or neighborhood in which the property
is located, nor substantially or permanently impair the appropriate
use or development of adjacent property, nor be detrimental to the
public welfare;
(5) That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulations in issue;
(6) That variances within the floodplain shall comply with Chapter
230, Floodplain Management;
[Amended 12-17-2020 by Ord. No. 2020-07]
(7) Filing requirements. All applications for variances
shall be submitted to the Zoning Officer. All applications shall be
made on the form supplied by the Township and shall contain all information
requested on such form. All applications shall also contain all of
the information required for an application for a special exception;
(8) Conditions. The Zoning Hearing Board, in approving variance applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same zone. These conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in Article
VII; and
(9) Site plan approval. Any site plan presented in support
of a variance shall become an official part of the record for said
variance. Approval of any variance will also bind the use in accordance
with the submitted site plan.
D. Appeals.
(1) 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 the determination of any officer or agency
charged with the administration of any transfers of development rights
or performance density provisions of this chapter;
(4) Appeals from the Zoning Officer's determination under
Section 916.2 (and any subsequent amendments) of the MPC; and
(5) Appeals from the determination of the Zoning Officer or Municipal Engineer in the administration of any land use ordinance with reference to sedimentation and erosion control, and/or stormwater management for applications not involving a subdivision/land development, nor a planned residential development as regulated in Articles
V and
VII of the MPC, respectively.
Appeals under §
490-143C(5),
(6),
(7),
(8) and
(9) and proceedings to challenge this chapter under § 1490-143A and B may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under §
490-143C and for special exception under §
490-143B may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. Any appeal shall state:
A. The name and address of the appellant and applicant;
B. The name and address of the landowner of the real
estate to be affected;
C. A brief description and location of the real estate
to be affected by such proposed change together with a plot plan drawn
to scale with sufficient clarity to show the nature and character
of the request;
D. A statement of the present zoning classification of
the real estate in question, the improvements thereon, and the present
use thereof; and
E. A statement of the section of this chapter under which
the request may be allowed, and reasons why it should or should not
be granted.
Appeals from the denial of an application by
the Zoning Officer or from the issuance of a notice of violation and/or
cease-and-desist order shall be made within 30 days of the denial
of said permit or issuance of said notice of violation and/or cease-and-desist
order. Appeals from any approval issued by the Zoning Officer or the
Zoning Hearing Board shall be filed to the Zoning Hearing Board within
the time limits imposed in the MPC. No appeal shall be considered
complete without the required filing fee.
The filing of an appeal or challenge to the
validity of this chapter or other land use ordinance shall act as
a stay of proceedings to the extent established in Article IX of the
MPC.
Any person, taxpayer, or the Township aggrieved
by any decision of the Zoning Hearing Board may within 30 days after
such decision of the Zoning Hearing Board seek review by the Court
of Common Pleas of such decision in the manner provided by the laws
of the Commonwealth of Pennsylvania and Article X-A of the MPC, as
amended.