East Norriton Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Zoning Hearing Board
§ 205-138 Appointment.
The Board of Supervisors shall appoint a Zoning Hearing Board consisting of three members. The word "Board," when used in this article, shall mean the Zoning Hearing Board.
§ 205-139 Membership.
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 governing body 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 municipality.
§ 205-140 Organization.
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 § 205-141. 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 to the Board of Supervisors once every three months so as to coincide with the calendar-year quarters.
§ 205-141 Hearings.
[Amended 12-23-2008 by Ord. No. 512]
The Board shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
§ 205-141.1 Mediation.
A.
Parties to proceedings authorized in this article may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principals of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township shall encourage and assure that in each case, the mediating parties, assisted by the mediator as appropriate, shall develop terms and conditions:
(1)
For funding mediation.
(2)
For selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3)
For completing mediation, including time limits for such completion.
(4)
For suspending time limits otherwise authorized in this article and other applicable law, provided that there is written consent by the mediating parties, and by an applicant or the Township decisionmaking body if either is not a party to the mediation.
(5)
For identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, for determining whether some or all of the mediation sessions shall be open or closed to the public.
(7)
For assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedure set forth in this article and other applicable law.
C.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
§ 205-142 Powers and duties.
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 curative amendments brought before the governing body.
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 a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variance from the terms of the Zoning Ordinance and Flood Hazard Ordinance or such provisions within a land use ordinance.
(1)
The Board shall hear requests for variances where it is alleged that the provisions of the zoning ordinances inflict unnecessary hardship upon the applicant. The Board may, by rule, prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of 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 the Zoning Ordinance 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 the Zoning Ordinance 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.
(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 the Municipalities Planning Code[1] and the Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Applications for special exceptions under the Zoning Ordinance or Floodplain or Flood Hazard Ordinance or such provisions within a land use ordinance.
(1)
The Board shall hear and decide requests for special exceptions, in accordance with the following standards and criteria:
(a)
The suitability for the property for the use desired.
(b)
The effect of the proposed use upon the safety and health of the immediate neighborhood and the general public therein.
(c)
The effect of the proposed use upon the character of the immediate neighborhood so as to conserve the value of existing buildings and encourage the most appropriate use of the land.
(2)
In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this Zoning Ordinance. The Board is charged with using its most sound discretion in considering special exceptions in that the uses subject to the special exceptions have not been permitted in a given district but rather must be considered on a case-by-case basis. The burden of proof in any application for a special exception shall be on the applicant to prove that the use is one which is permitted by special exception and that the proposed use will not adversely affect the general public.[2]
[2]
Editor's Note: Former Subsection F(3), pertaining to duration of variance or special exception, which immediately followed this subsection, was repealed 4-28-2009 by Ord. No. 515.
G.
Appeals from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of the Zoning Ordinance.
H.
Appeals from the Zoning Officer's determination pursuant to a request for a preliminary opinion.
I.
Appeals from the determination of the Zoning Officer or municipal engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control and stormwater management insofar as the same do not relate to application for subdivision or land development under the Subdivision and Land Development Ordinance or the Planned Residential Development Ordinance, if any.
J.
A variance or special exception shall lapse one year after the date of its grant unless a building permit has been obtained to affect such variance or special exception. When the property is the subject of a subdivision or land development application, any variance or special exception shall lapse one year after the date on which the subdivision or land development application has been waived or receives preliminary and/or final approval from the East Norriton Township Board of Supervisors unless a building permit has been obtained to affect such variance or special exception.
[Added 4-28-2009 by Ord. No. 515]
