Bristol Township City Zoning Code
ARTICLE XXXI
Zoning Hearing Board
§ 205-180 Purpose of Zoning Hearing Board.
A Zoning Hearing Board is established in order that the objectives of this chapter may be more fully and equitably achieved and a means for competent interpretation of this chapter provided.
§ 205-181 Membership and terms of office; alternate members.
A.
The Zoning Hearing Board shall consist of five residents of the Township appointed by resolution by Council. The terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the municipality.
B.
Alternate members. Council may appoint by resolution at least one but not more than three residents of the Township to serve as alternate members of the Zoning Hearing Board, subject to the following provisions:
(1)
The term of office of an alternate member shall be three years.
(2)
Alternate members shall hold no other office in the Township.
(3)
Any alternate member may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor receive any compensation (if such compensation exists) unless designated as a voting alternate member.
(4)
If, by reason of absence or disqualification of a Zoning Hearing Board member, a quorum is not reached, the Chair of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate member was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate member shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
§ 205-182 Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Council, taken after 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.
§ 205-183 Organization.
A.
Officers. The Zoning Hearing Board shall elect and Chair and Vice Chair and appoint a secretary from its membership who shall serve annual terms and may succeed themselves. The Chair, or in his/her absence the Vice Chair, may administer oaths and compel the attendance of witnesses.
B.
Procedures. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the Township and laws of the commonwealth. Such rules shall include but shall not be limited to the manner of filing appeals, the manner of filing applications for special exceptions and variances from the terms of this chapter and the manner of giving notice of public hearings where required under the terms of this chapter.
C.
Meetings. Meetings shall be open to the public and shall be at the call of the Chair and at such other times as the Zoning Hearing Board shall specify in its rules of procedure. 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.
D.
Records and decisions. The Zoning Hearing 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; and shall keep records of its examinations and other official actions, all of which shall be the property of the Township and shall be a public record. The Zoning Hearing Board shall submit a report of its activities to Council as requested by Council.
E.
Orders. In exercising its powers, the Zoning Hearing Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, including any order requiring an alleged violator to stop, cease, and desist, and make such order, requirement, decision of determination, including stop orders to cease and desist as ought to be made. Notice of such decision shall be forthwith given to all parties.
§ 205-184 Expenditures for services.
A.
The governing body shall fix per-meeting compensation for the members of the Zoning Hearing Board according to a schedule adopted by resolution of Council upon enactment of this chapter or as such schedule may be amended from time to time. Such compensation shall not exceed the rate of compensation authorized to be paid to the members of Council in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.
§ 205-185 Jurisdiction.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A.
Substantive challenges to the validity of any land use ordinance, except those brought before Council pursuant to § 205-198 of this chapter.
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 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.
D.
Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any floodplain provision.
G.
Appeals from the determination of the Zoning Officer or 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 an application for a subdivision or land development.
§ 205-186 Variances.
A.
Applicability. Upon appeal from a determination by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter, where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
B.
Condition. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
C.
Requirements and standards.
(1)
No variance in the strict application of the provisions of this chapter shall be granted by the Zoning Hearing Board unless the Zoning Hearing Board finds that the requirements and standards are satisfied.
(2)
The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the appeal for the variance is in conformance with the following requirements and standards listed below:
(a)
That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(b)
That the granting of the variance will not permit the establishment within a zoning district of any use which is not permitted in that zoning district.
(c)
There must be proof of unique circumstances; that there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(d)
There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of a variance granted under similar circumstances shall not be considered.
(e)
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Zoning Hearing Board is the minimum variance that will accomplish this purpose.
(3)
The Zoning Hearing Board may impose whatever conditions and safeguards it deems necessary to insure that any proposed development or use will secure substantially the objectives of this chapter.
D.
Administration. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the procedures and standards set forth in § 205-189.
E.
Expiration. Unless otherwise specified by the Zoning Hearing Board, a variance shall expire if the applicant fails to obtain a building permit or occupancy certificate, as the case may be, within six months from the date of authorization thereof.
§ 205-187 Special exceptions.
A.
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
B.
Conditions and standards. In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Zoning Hearing Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter. In denying special exceptions, the Board shall state, in writing, the reasons for the denial. The special exception shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception use.
C.
General requirements and standards applicable to all special exceptions.
(1)
The Zoning Hearing Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements listed herein as well as any specific requirements and standards for the proposed use. The Zoning Hearing Board shall among other things require that any proposed use and location be:
(a)
In accordance with the Bristol Township Comprehensive Plan and consistent with the spirit, purposes, and the intent of this chapter, and Chapter 177, Subdivision and Land Development;
(b)
In the best interests of the Township, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;
(c)
Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity;
(d)
In conformance with all applicable requirements of this chapter and all Township ordinances;
(e)
Suitable in terms of effects on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard; and
(f)
In accordance with sound standards of subdivision and land development practice where applicable.
(g)
Assured that there are adequate sanitation and public safety provisions, and that a certificate of adequacy of sewage and water facilities from a governmental health agency has been obtained. Public, commercial, industrial and institutional uses shall have public water and public sewage disposal.
(h)
For all public, commercial or industrial parking, loading, access or service areas, adequately illuminated at night while in use and such lighting, including sign lighting, arranged so as to protect the highway and the neighboring properties from direct glare or hazardous interference of any kind.
(2)
The Zoning Hearing Board may impose whatever conditions and safeguards it deems necessary to insure that any proposed development or use will secure substantially the objectives of this chapter.
D.
Administration. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the procedures and standards set forth in § 205-189.
E.
Expiration. Unless otherwise specified by the Zoning Hearing Board, a special exception shall expire if the applicant fails to obtain a building permit or occupancy certificate, as the case may be, within six months from the date of authorization thereof.
§ 205-188 Appeals from decision of Zoning Officer.
Any person aggrieved by any decision of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board within 30 days of such decision by filing with the Zoning Hearing Board, specifying the grounds thereof. Applicants for appeals shall complete the "Appeal to the Zoning Hearing Board" application, including at minimum the following:
A.
The name and address of the applicant or appellant.
B.
The name and address of the owner of the lot to be affected by such proposed change or appeal.
C.
Original application to and rejection letter from the Zoning Officer.
D.
Document establishing applicant's right to act as the agent for an interested party (if applicable).
E.
A brief description and location of the lot to be affected by such proposed change or appeal.
F.
Deed, lease, and/or agreement of sale (if applicable) for the lot to be affected by such proposed change or appeal.
G.
Property plot plan, floor and elevation plans (if applicable); detail plan of sign, if applicable.
H.
Any necessary exhibits (e.g., diagrams, pictures, receipts, permits, etc.)
I.
A statement of the present zoning classification of the lot in question and the present use thereof.
J.
A statement of the section of this chapter under which the appeal is made and reasons why it should be granted or a statement of the section of this chapter governing the situation in which the alleged erroneous ruling is being appealed and the reasons for this appeal.
K.
A reasonably accurate description of the present improvements and the addition or changes intended to be made under this application, indicating the size, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements existing thereon and proposed to be erected thereon.
§ 205-189 Hearings.
Hearings pursuant to this chapter shall be held by the Zoning Hearing Board in accordance with the following requirements:
A.
The Zoning Hearing Board shall provide public notice of scheduled hearings. Written notice shall be provided by the applicant, using forms provided by the Township Department of Licenses and Inspections, to the Zoning Officer, persons whose properties adjoin the property in question, persons whose properties are located directly across any street that abuts the property in question, such other persons as Council shall designate by ordinance and to 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 ordinance or, in the absence of ordinance provisions, by procedures of the Zoning Hearing Board, as amended. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land by the applicant at least two weeks prior to the hearing. Accepted proof of notice provided by the applicant to the Zoning Hearing Board is either the signed return post card and postal receipts for register mail, return receipt requested, or signed written notice forms provided to affected persons. The Zoning Hearing Board can dismiss any case/appeal for lack of proper written notice or grant a continuation, if requested and proper written notice is provided. The applicant must provide a waiver to the hearing time requirements of the Pennsylvania Municipalities Planning Code to receive a continuance.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
B.
Council may prescribe reasonable fees by resolution with respect to hearings by the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
C.
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.
D.
The hearings shall be conducted by the Zoning Hearing Board. The decision, or, where no decision is called for, the findings shall be made by the Board.
E.
The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear by the Zoning Hearing Board. The Zoning Hearing Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Zoning Hearing Board for that purpose.
F.
The Chairman or Vice Chairman of the Zoning Hearing Board 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 requested by the parties.
G.
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.
H.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
I.
The Zoning Hearing Board shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Zoning Hearing Board. The cost of the original transcript shall be paid by the Zoning Hearing Board if the transcript is ordered by the Zoning Hearing Board or shall be paid by the person appealing from the decision of the Zoning Hearing Board if such 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.
J.
The Zoning Hearing Board shall not communicate, directly or indirectly, with any party or his/her representatives in connection with any issue involved except upon notice and where all parties have opportunity to participate. The Zoning Hearing Board shall not take notice of any communication, report, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material 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.
K.
Rendering of decision.
(1)
The Zoning Hearing Board shall render a written decision or, where no decision is called for, make written findings on the application within 45 days after the last hearing before the Zoning Hearing 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 the provisions of any Act of the commonwealth, or any ordinance, rule or regulation shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(2)
Where the Zoning Hearing Board fails to render its decision within 45 days or fails to hold the required hearing within 60 days from the date 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. When a decision has been rendered in favor of the applicant because of the failure of the Zoning Hearing Board to meet or render a decision as herein above provided, the Zoning Hearing Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Zoning Hearing Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
L.
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 the date of the decision or findings. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing, the Zoning Hearing 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.
§ 205-190 Challenges to validity.
A.
Substantive challenges to the validity of the ordinance filed in accordance with Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended, other than those addressed by Council in § 205-198, and challenges to the validity of the ordinance raising procedural questions or alleged defects in the process of enactment or adoption may be submitted to the Zoning Hearing Board.
B.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board.
C.
(1)
In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Zoning Hearing Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge.
(2)
Based upon the testimony presented at the hearing or hearings, the Zoning Hearing Board shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the 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, 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 effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(d)
The impact of the proposal on other land uses which are essential to public health and welfare.
(3)
The Zoning Hearing Board shall render its decision within 45 days after the conclusion of the last hearing.
D.
The Zoning Hearing Board shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time.
E.
Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request may be examined by the public.
F.
The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board fails to commence the hearing within the time limits set forth in Subsection D;
(2)
The Zoning Hearing Board fails to act on the request on the 46th day after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and Township.
G.
Where, after the effective date of this chapter, a validity challenge is sustained by the Zoning Hearing Board pursuant to § 205-190A of this chapter or the court acts finally on appeal from denial of a validity challenge, and the challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary approval pursuant to Chapter 177, Subdivision and Land Development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision and land development or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. Where the proposal appended to the validity challenge is approved but does not require further application under any subdivision or land development ordinance, the developer shall have one year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision and land development or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
H.
If the Zoning Hearing Board does not accept a landowner's challenge and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Zoning Ordinance and Map, but only for those provisions which specifically relate to the landowner's challenge.
§ 205-191 Parties appellant before Zoning Hearing Board.
Appeals under § 205-185A, B, C, D and G of this chapter 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 § 205-186 and for a special exception under § 205-187 of this chapter may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
§ 205-192 Court appeals.
All appeals from all land use decisions rendered pursuant to this article shall be taken to the Court of Common Pleas of Bucks County and shall be filed within 30 days after entry of the decision, or in the case of a deemed decision, within 30 days after the notice of said deemed decision is given as set forth in this chapter.
§ 205-193 Stay of proceedings.
Upon filing of any proceeding and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body, and all official action thereunder, shall be stayed in accordance with Section 915.1 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10915.1.
§ 205-194 Time limitations.
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Township official, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and provides that he had no motive, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his/her interest after such approval, he/she shall be bound by the knowledge of his/her predecessor in interest. The failure of anyone other than the landowner to appeal from the adverse decision by the Zoning Officer or a challenge to the validity of an ordinance or map shall preclude an appeal from a final approval.