Charleston Township
City Zoning Code
City Zoning Code
ARTICLE IX
Zoning Hearing Board
§ 300-900 Creation and appointment.
A Zoning Hearing Board is hereby created. The membership of said Board shall consist of three residents of the Township appointed by the Board of Supervisors. Their terms of office shall be three years after expiration of the initial term; said initial term shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Board of Supervisors of any vacancies which occur. Appointment 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 Township, except that no more than one member of the Zoning Hearing Board may also be a member of the Planning Commission.
§ 300-901 Removal of members.
Any Zoning Hearing Board member may be removed for malfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 300-902 Organization of Zoning Hearing Board.
The Zoning Hearing 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 Zoning Hearing Board, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board as provided in Article IX, Section 908 of the "Pennsylvania Municipalities Planning Code," Act 247,[1] as amended. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board shall keep full public records of its business, and shall submit a report of its activities to the Board of Supervisors once a year.
[1]
Editor's Note: See 53 P.S. § 10908.
§ 300-903 Powers and duties.
A.
The Zoning Hearing Board shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the administration of this chapter.
B.
The Zoning Hearing Board shall hear and decide all matters referred to it or upon which it is required to pass under this chapter.
C.
Requests for variances.
(1)
The Zoning Hearing Board shall hear requests for variances from the requirements of this chapter where it is alleged that the provisions of the chapter inflict unnecessary hardship upon the applicant following the procedures set forth in § 300-904. The Board may grant a variance, provided 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 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 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 appellant;
(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; and
(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.
(2)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and this chapter.
D.
The Zoning Hearing Board shall hear and decide requests for special exceptions in those cases where this chapter indicates a special exception may be granted subject to compliance with the standards and criteria prescribed. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes of the chapter.
E.
The Zoning Hearing Board may conduct a hearing and take evidence on a substantive challenge and amendment to this chapter filed by a landowner. The Board may further make findings of fact relative to the challenge, and cause to be made a record or transcript, which may serve as the bases for further action. The Zoning Hearing Board shall not make recommendations or render an opinion in such matters, and has no authority to alter, change, or otherwise grant relief in such cases.
§ 300-904 Procedures.
A.
Variance.
(1)
The landowner shall file a request for a variance with the Zoning Officer along with all maps, plans and text which may be relevant to the request. Said request shall be accompanied by a fee specified by the Board of Supervisors.
(2)
The Zoning Officer shall transmit the request and any information received therewith, along with his file on said issue forthwith to the Zoning Hearing Board.
(3)
Upon receipt of a request for variance the Board shall establish a time and place to hear said request within 30 days.
(4)
The Board shall render a decision and inform the applicant of said decision within 45 days of the final hearing date.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Appeal of the Zoning Officer's decision appeals arising from the Zoning Officer's decision on a specific provision of this chapter shall be handled in the same manner as a variance request.
C.
Special exception:
(1)
The landowner shall file a request for the granting of a special exception along with all maps, plans and text which may be necessary to explain the development proposed and its conformance with the standards and criteria of this chapter with the Zoning Officer. Said request shall be accompanied by a fee specified by the Board of Supervisors.
(2)
The Zoning Officer shall transmit the request and background data forthwith to the Zoning Hearing Board.
(3)
The Zoning Hearing Board shall schedule a public hearing with public notice within 60 days of said request.
(4)
The Board shall render a decision and inform the applicant of said decision within 30 days of the final hearing date, unless upon mutual consent of the Board and applicant it is agreed to continue the proceedings.
§ 300-905 Time limitations.
Any person aggrieved by the rendering of a decision by the Board of Supervisors, Planning Commission, Zoning Officer, or Zoning Hearing Board shall have 30 days in which to file an appeal or request for review with the Zoning Hearing Board from the date of said decision.