Buffalo Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XI
Zoning Hearing Board
§ 265-69 Establishment.
The Board of Township Supervisors shall appoint a Zoning Hearing Board, which shall consist of three members. The terms of service, procedure for removal of a board member, organization of the Board and expenditures for services shall be in accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, Article IX, Sections 903, 905, 906 and 907.[1]
[1]
Editor's Note: See 53 P.S. §§ 10903, 10905, 10906 and 10907.
§ 265-70 Hearings.
§ 265-71 Functions of Zoning Hearing Board.
A.
Appeals from the Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of a valid ordinance or map or any valid rule or regulation governing the action of the Zoning Officer.
B.
Challenge to the validity of any ordinance or map. The Zoning Hearing Board shall hear challenges to the validity of a Zoning Ordinance or map unless the challenge is about an alleged defect in the enactment or adoption of the Ordinance by the governing body which shall be taken directly to the County Court of Common Pleas or a challenge to the substantive validity of the Ordinance which the land-owner chooses to take directly to the governing body, together with a request for a curative amendment. In all such challenges, the procedures of the Zoning Hearing Board shall be in accordance with Section 910 of Act 247 (Pennsylvania Municipalities Planning Code).[1]
[1]
Editor's Note: See 53 P.S. § 10910.
C.
Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. An applicant for a variance shall have been denied a zoning permit by the Zoning Officer prior to the request for a variance. The Zoning Hearing Board may grant a variance provided 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 the Zoning Ordinance in the neighborhood or district in which the property is located;
(2)
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 the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
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; and
(5)
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 question.
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Comprehensive Plan and Zoning Ordinance.
D.
Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions which are authorized in Articles III through VII of this chapter and shall do so in accordance with the standards and criteria contained in those Articles. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those contained in this chapter, as it may deem necessary to implement the purposes of the Comprehensive Plan and Zoning Ordinance.
E.
Other rules of procedure. Other rules of procedure for the Zoning Hearing Board and for appellant before the Board, time limits for the filing of appeals, and for the stay of land development pursuant to any challenged ordinance or authorization by the Zoning Officer or other agency or body shall be in accordance with the Municipalities Planning Code, Sections 913.1, 914, 915 and 916 of Article IX of Act 247,[2] as amended.
[2]
Editor's Note: Sections 10913.1, 10914, 10915 and 10916 of the Municipalities Planning Code were repealed 12-21-1988.
§ 265-72 Incorporation of state law.
All provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, which are referenced in this article and which shall govern the organization and procedures of the Township Zoning Hearing Board, are hereby incorporated as a part of this chapter (Sections 903, 905, 907, 908, 910, 911, 913.1, 914, 915 and 916[1]).
[1]
Editor's Note: Sections 10913.1, 10914, 10915 and 10916 of the Municipalities Planning Code were repealed 12-21-1988.