East Hanover Township Lebanon County
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Zoning Hearing Board: Powers and Duties
§ 250-267 Authority and procedures.
A.
The Zoning Hearing Board shall have the authority to hear and decide petitions, where applicable for Administrative Reviews, special exceptions, Variances and Ordinance Challenges. Petitions for appeal and subsequent hearing shall be in accordance with the provisions of Act 247,[1] and the following:
(1)
A written petition shall be submitted by the petitioner on the form provided by the Zoning Administrator. The petition shall, in addition to information on the petitioner and property location, specify the type of appeal being taken and the grounds for the appeal. The petition shall be accompanied by such fees as may be set by Township resolutions.
(2)
Notice of the public hearing shall be provided to all interested parties, all property owners adjoining the affected property, and all property owners within 100 feet of the affected property. Furthermore, notice of said hearing shall be advertised according to Act 247, and conspicuously posted on the affected property. Continued or reconvened hearings shall not require notice and advertising in accordance with this subsection, provided the time and date of the subsequent hearing is announced at the original hearing.
(3)
The public hearing shall be held. Any party may appear in person or by agent or attorney. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(4)
The Zoning Hearing Board shall render a decision or, where no decision is called for (Ordinance Challenge), make findings, on the petition. The decision or findings shall be accompanied by a written opinion containing findings of fact and conclusions based thereon, together with the reasons for the same. The decision shall be made with regard to the chapter requirements and shall not be based solely upon neighboring support or opposition for the petition.
(5)
A copy of the decision and opinion shall be delivered to the petitioner and all other parties requesting same. All parties of interest shall have the right to examine the full decision or opinion in the office of the Zoning Administrator, where such Zoning Hearing Board records shall be maintained.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
B.
The procedures described herein shall apply to all Zoning Hearing Board hearings, and the following sections shall further explain the specific powers and duties of the Zoning Hearing Board for the various appeals permitted by this chapter and Act 247.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
§ 250-268 Administrative reviews.
A.
The Zoning Hearing Board shall hear and decide appeals where it is alleged by the appellant that the Zoning Administrator has failed to follow prescribed procedures, has misinterpreted or misapplied a provision of this chapter, or has otherwise made an error in any order, requirement, decision, or determination in the enforcement of this chapter. An Administrative Review procedure shall also be utilized by an appellant who desires a determination or interpretation on the meaning or intent of a requirement of this chapter which has inconclusive or unclear language.
B.
After public hearing on the appeal, the Zoning Hearing Board shall have the authority, so long as such action is in conformity with the terms of this chapter, to reverse, affirm, or modify, wholly or partly, the order, requirement, decision, or determination made by the Zoning Administrator.
§ 250-269 Special exceptions.
The Zoning Hearing Board shall hear and decide petitions for special exceptions specifically authorized in this chapter. Decisions to grant or deny the petition shall be subject to the following:
A.
Such use shall be specifically authorized as a special exception in this chapter; and
B.
The special exception use shall satisfy all requirements and conditions specified within this chapter; and
C.
Reasonable conditions and safeguards, in addition to those expressed in this chapter, may be required by the Board in granting the special exception where it is deemed necessary to implement the purposes and intent of this chapter; and
D.
The special exception shall be compatible with adjacent and nearby properties and shall not adversely affect the public health, safety or interest; and
E.
The special exception use shall be designed to provide satisfactory arrangement for:
(1)
Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and conveniences, traffic flow and control, and the access in case of fire or catastrophe; and
(3)
Refuse and service areas to be located and maintained in a safe and sanitary manner, well screened on three sides. Trash and rubbish shall be stored in covered vermin-proof containers; and
(4)
Utilities to be located underground where possible and to be compatible with the surrounding area. Availability, ease of access and safety precautions shall be considered; and
(5)
Screening and buffering with reference to type, dimensions, and character, in accordance with Article XIX of this chapter; and
(6)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district and compliance with Article XXII of this chapter; and
(7)
Required yards and other open space as specified elsewhere in this chapter.
§ 250-270 Variances.
A.
The Zoning Hearing Board shall hear and decide petitions for variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance may be granted 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 neighborhood or district in which the property is located; and
(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 that the authorization of a variance is therefore necessary to enable the reasonable use of the property; and
(3)
That such unnecessary hardship has not been created by the petitioner; and
(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 issue; and
(6)
That the variance, if authorized, will not confer on the petitioner any special privilege that is denied by this chapter to the owners of other lands, structures or buildings in the same zoning district; and
(7)
That nonconforming use of neighboring lands, structures, or buildings in the same district and permitted or nonconforming use of lands, structures or buildings in other zoning districts shall not be considered grounds for the granting of a variance; and
(8)
That a variance shall not be granted solely for financial reasons or to facilitate financial gain.
B.
In granting a variance, reasonable conditions and safeguards may be attached where it is deemed necessary to implement the purposes and intent of this chapter.
§ 250-271 Ordinance challenges.
The Zoning Hearing Board shall hear challenges to the validity of the zoning ordinance or map, except as provided by Act 247.[1] In all such challenges, the Zoning Hearing Board shall take evidence and make a record thereon. At the conclusion of the hearing, the Zoning Hearing Board shall decide all contested questions and shall make findings on all relevant issues of fact.
[1]
Editor's Note: See 53 P.S. § 10101 et seq., the Municipalities Planning Code.
§ 250-272 Expiration or revocation of Zoning Hearing Board decision.
A.
The granting or approval of a special exception or variance shall be valid only for the petitioner and the property specified in the petition. Alterations or changes to the use or building authorized by the Zoning Hearing Board shall require re-application to the Board. If the special exception or variance has not been implemented within two years of the date of the Zoning Hearing Board decision said, approval shall expire and become null and void. If the property affected by the variance or special exception is transferred in ownership prior to the implementation of the special exception or variance, said approval shall immediately become invalid upon such transfer or ownership.
B.
The Zoning Hearing Board may revoke approval of a variance or special exception where:
(1)
The petitioner repeatedly violates conditions or safeguards specified in the Board's decision; or
(2)
The petitioner initiates use or construction contrary to the Board's decision; or
(3)
The petitioner is found to have misrepresented or falsified information pertinent to the Board's decision; or
(4)
The Board's original decision was in error and the revocation is instituted within 30 days of the original decision or prior to substantial reliance thereon by the petitioner.
C.
Violation of the conditions or safeguards or use or construction contrary to that specified by the Zoning Hearing Board decision shall be deemed a violation of this chapter, punishable under § 250-279 of this chapter. Revocation of the Zoning Hearing Board approval shall not preclude the Township from proceeding in courts of law or equity to prevent or remedy violations of this chapter.