Codorus Township City Zoning Code
ARTICLE XIII
Zoning Hearing Board
§ 250-101 General provisions.
The Zoning Hearing Board shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, 1968, as may be amended or revised, and such other Commonwealth of Pennsylvania laws as may be applicable. As used in this chapter, unless the context clearly indicates otherwise, the term "Board" shall refer to such Zoning Hearing Board, and "Act 247" shall refer to the Pennsylvania Municipalities Planning Code of 1968, and any amendments thereto.
§ 250-102 Membership of Board.
The membership of the Board shall consist of three residents of the Township appointed by the Board of Supervisors. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Supervisors of any vacancies which occur. 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 Township, except that no more than one member of the Board may also be a member of the Planning Commission.
§ 250-103 Organization of Board.
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 the members of the Board but where two members are disqualified to act in a particular matter the remaining member may act for the Board. The 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 Board as provided in § 250-111 following. The Board may make, alter, and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities of the governing body once a year.
§ 250-104 Powers and duties.
A.
The Zoning Hearing Board has the following powers and duties:
(1)
Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement or interpretation of this chapter as per § 250-106 following.
(2)
Special exceptions. To hear and decide special exception applications upon which the Board is required to pass under this chapter as per § 250-107 following.
(3)
Variances. To authorize, upon application, in specific cases variance appeals from the terms of the chapter as per § 250-108 following.
(4)
Interpretations. To interpret any provision of this chapter, including zone boundaries.
(5)
Rehearings. To grant the rehearing of a case if it appears there has been a substantial change in the facts as evidence of the case as presented at the initial hearing.
B.
In exercising the powers above, the Board, in conformity with the provisions of this chapter, may reverse, affirm, or modify the order, requirement, decision, or determination appealed from or requested, and may make any order, requirement, decision or determination as ought to be made.
§ 250-105 Board calendar.
Each application or appeal filed in the proper form with the required data must be numbered serially and be placed upon the calendar of the Board by the Secretary. Applications and appeals must be assigned for public hearing in the order in which they appear on the calendar. However, for good reason, the Board may order the advance of the application or appeal. The Board must fix a reasonable time for public hearings.
§ 250-106 Appeals.
A.
Any person aggrieved by any decision of the Zoning Officer shall have the right to appeal to the Zoning Hearing Board by filing with the Township Secretary specifying the grounds thereof and including the following:
(1)
The name and address of the applicant or appellant.
(2)
The name and address of the owner of the lot to be affected by such proposed change or appeal.
(3)
A brief description and location of the lot to be affected by such proposed change or appeal.
(4)
A statement of the present zoning classification of the lot in question, the improvements thereon, and the present a use thereof.
(5)
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; and
(6)
A reasonably accurate description of the present improvements and the additions 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.
B.
No person shall be allowed to file any proceeding with the Board later than 30 days after any application for development, preliminary or final, has been approved by an appropriate Township officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
C.
An appeal to the Board shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Board after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Zoning Officer and for due cause shown.
D.
Upon receiving an appeal, the Board shall fix a time and place for public hearing thereon and shall give the notice thereof:
(1)
By advertising at least one week before the hearing, at least one time in a newspaper of general circulation within the Township.
(2)
By mailing due notice at least six days prior to the date of the hearing to the parties in interest.
(3)
By mailing due notice thereof to the Township Planning Commission, the Zoning Officer and such other persons who make timely request for the notice.
§ 250-107 Special exception applications.
Special exceptions may be granted or denied by the Board 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 the chapter, as it may deem necessary to implement the purposes of this chapter. The Board shall pursue the following procedure:
A.
The Board's decision to grant a permit for special exception use shall be made only after public notice and hearing. Such permit 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.
B.
Upon receipt of an application for a special exception, the Township Secretary shall mail a copy thereof to the Chairman of the Planning Commission for review by the Planning Commission. The Zoning Hearing Board shall not commence a hearing on any application until at least 35 days following the submission of the application and shall not complete hearings on the application and shall not complete hearings on the application without receiving an advisory report from the Township Planning Commission; provided, however, if the hearings are completed more than 60 days following the submission of the application, the Zoning Hearing Board may complete the hearing process irrespective of whether the Planning Commission has submitted its report. The report of the Planning Commission may be submitted to the Zoning Hearing Board at a hearing either in writing or by verbal testimony.
C.
The Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue such permit if, in its judgement, the use meets all specific provisions and criteria contained in this chapter and the following general provisions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Purpose. The intended purpose of the proposed use must be consistent with the development policies established in the Comprehensive Plan of Codorus Township.
(2)
Compatibility. The proposed use shall be in the best interest of properties in the general area as well as the Township at large. The proposed use will be reviewed as to its relationship to and effect on surrounding land uses and existing environmental conditions regarding the pollution of air, land and water; noise; potential of hazards and congestion; illumination and glare; restrictions to natural light and circulation of air.
(3)
Suitability. The proposed use shall be suitable for the property in question and shall be designed, constructed, operated and maintained suitably for the anticipated activity and population served, numbers of participating population, frequency of use, adequacy of space and traffic generation.
(4)
Serviceability. Assurance shall be made as to the adequacy and availability of utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal and the ability of the Township to supply such services.
(5)
Accessibility. The proposed use shall:
(a)
Establish that there is adequate access to the site from the adjacent road or street, including adequate site distance and an adequate turning radius so that vehicles of the type expected to enter or to leave the site can do so without entering or being required to cross into the opposite traffic lane when making a right turn.
(b)
Establish that there is adequate access to the road or street on which the site is located from the nearest collector street or road, including adequate site distance at any intersection between such collector street and the site and adequate turning radii so that vehicles of the type expected to enter or leave the site can do so without being required to cross into the opposite traffic lane when making a right turn.
(c)
Establish that the expected volume of traffic will not create traffic congestion.
(d)
Establish that the type and size of vehicles expected to enter the site on a regular basis will not be of such weight as to exceed weight limits on any bridge that will be crossed in reaching the site.
(e)
Establish that the expected type and size of vehicles will not be such as to cause any Township maintained roads to require substantially more repairs and maintenance than results from existing traffic patterns.
(6)
Conformity. The proposed use shall be in conformance with all applicable requirements of this chapter and, where applicable, in accordance with Chapter 200, Subdivision and Land Development, of the Code of the Township of Codorus.
(7)
Agricultural District. In the Agricultural District, the proposed use shall be located on land of low quality for agricultural use as defined in this chapter.
(8)
Water supply. If the water supply system proposed for the use permitted by special exception involves the utilization of water obtained from the tract being developed, the Zoning Hearing Board shall require that any feasibility study required for Subdivision or Land Development Plan approval is submitted.
(9)
The applicant must establish compliance with the drainage requirements of § 250-62 of this chapter.
(10)
The applicant must establish that the proposed use will comply with the environmental regulations set forth in § 250-81 of this chapter.
(11)
Sewage. The applicant must establish that adequate provision will be made to dispose of the sewerage created by the proposed use consistent with the requirements set forth in the regulations promulgated by the Pennsylvania Department of Environmental Protection.
D.
The Zoning Hearing Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed development will secure substantially the objective of this chapter.
E.
Unless otherwise specified or extended by the Zoning Hearing Board, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or Use Certificate within six months following the date of the grant of the special exception or fails to complete the work in the one year next following the issuance of a building permit; excepting that in cases where the grant of a building permit or Use Certificate must be preceded by Township approval of a Subdivision or Land Development Plan, the special exception granted by the Board expires if:
(1)
The applicant fails to file with the Township a preliminary Subdivision or Land Development Plan meeting applicable subdivision and zoning requirements within six months next following the date of the grant of the special exception; or
(2)
The applicant fails to file with the Township a final Subdivision or Land Development Plan meeting applicable subdivision and zoning requirements within six months next following the date of approval by the Township of the preliminary plan; or
(3)
The applicant fails to obtain a building permit or Use Certificate within six months next following the date of approval by the Township of the final plan; or
(4)
The applicant fails to complete the work within one year of the issuance of the building permit.
§ 250-108 Variance appeals.
A.
Upon appeal from a decision by the Zoning Officer, the Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. The Board shall prescribe the form of application and require preliminary application to the Zoning Officer. The 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 this chapter in the 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 this chapter and the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3)
That such unnecessary hardship had not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential character of the 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; or
(5)
That the variance, if authorized, will represent the minimum variance which will afford relief and the least modification possible of the regulation in issue.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
§ 250-109 Challenge to validity of chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Board shall hear challenges to the validity of this chapter or the Zoning Map except as indicated in the Pennsylvania Municipalities Planning Code Sections 609.1 and 916.1(a)(2), 53 P.S. §§ 10609.1 and 10916.1(a)(2), respectively. In all such challenges, the Board shall take evidence and make a record thereon as provided in 53 P.S. § 10916.1. At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the courts.
§ 250-110 Parties appellant before Board.
Appeals from a decision of the Zoning Officer and proceedings to challenge the validity of the chapter may be filed with the Board, in writing, by any officer or agency of the municipality or any person aggrieved. Requests for a variance or special exception, however, must be filed with the Board by any landowner or any tenant with the permission of such landowner.
§ 250-111 Public hearings; rules and procedures.
A.
The Board shall conduct public hearings on any interpretation, variance, special exception, challenge or other matter requiring the Board's decision or other official action.
B.
Upon the filing with the Zoning Hearing Board of an appeal or application, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
(1)
At least 15 days prior to the date fixed for the public hearing, publish a notice describing the location of the building or lot, the general nature of the question involved and the time and place for the public hearing in a newspaper of general circulation in the Township.
(2)
Give written notice to parties in interest who shall be at least those persons whose property adjoins or are across public roads from the property in question. The Board of Supervisors may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.
C.
The Board shall prescribe rules for the conduct of its meetings, such rules to be in conformance with the Pennsylvania Municipalities Planning Code, as amended, and this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may specify in it rules of procedure. Meetings shall be open to the public, and a quorum of two members shall be required for the Board to take action.
§ 250-112 Conduct of hearings.
A.
The hearings shall be conducted by the Board or the Board may appoint any member as a Hearing Officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.
B.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
C.
The Board or the Hearing Officer 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 unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present.
§ 250-113 Representation; statements.
A.
Parties to the hearing shall be the Township or any person affected by the application who has make timely appearance of record before the Board, and any other person, including civic or community or organizations permitted to appear by the Board. The Board shall have 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.
B.
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. Statements are to be made in the following order or as the Chairman may direct:
C.
The applicant or appellant must be given an opportunity for rebuttal.
§ 250-114 Witnesses.
The Chairman or acting Chairman of the Board or the Hearing Officer 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 requested by the parties.
§ 250-115 Burden of proof.
The burden of proof shall always be on the applicant to sustain his appeal before the Zoning Hearing Board and in any application for a special exception, the burden shall be upon the applicant to prove that approval of the application will not be detrimental to the health, safety and general welfare of the Township.
§ 250-116 Decision procedure.
A.
The Board or the Hearing Officer, as the case may be, 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 or Hearing Officer. Except in home rule municipalities 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 this act or of any ordinance, rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be extended no later than 45 days after the decision of the Hearing Officer where the Board has power to render a decision and the Board or the Hearing Officer, as the case may be, fails to render the same within the period required by this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed, in writing, to an extension of time.
B.
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 no 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.
C.
Whenever the Board imposes a condition or conditions with respect to the granting of an application or appeal, this condition must be stated in the order of the Board and in the permit issued pursuant to the order by the Zoning Officer. This permit remains valid only as long as the condition or conditions upon which it was granted or the conditions imposed by this chapter are adhered to.
§ 250-117 Records.
A.
The Board or the Hearing Officer, as the case may be, shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.
B.
The Board shall keep full public records of its business and shall submit a report of its activities to the Township Supervisors once a year.
§ 250-118 Appeals; courts of law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person aggrieved by any decision of the Zoning Hearing Board may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of York County, Pennsylvania, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law and specify the grounds on which he relies. Such appeals shall be made in accordance with Article X-a of the Pennsylvania Municipalities Planning Code, as amended (Act 247), 53 P.S. § 11001-A et seq.