East Rockhill Township
City Zoning Code
City Zoning Code
PART 23
ZONING HEARING BOARD
§ 27-2300 Establishment of Board.
[Ord. 5/26/1987, § 2100]
A Zoning Hearing Board is established in order that the objectives of this chapter may be fully and equitably achieved and that a means for competent interpretation of this chapter be provided.
§ 27-2301 Membership, Terms of Office.
[Ord. 5/26/1987, § 2101; as amended by Ord. 124, 7/18/1989, Art. 3]
a.
The Zoning Hearing Board shall, upon the determination of the Board of Supervisors, consist of either three or five residents of the Township appointed in accordance with § 903 of the Municipalities Planning Code, as amended. Members of the Board shall hold no other office in the Township.
b.
The Board of Supervisors may appoint, by resolution, at least one but not more than three residents of the Township to serve as alternate members of the Board in accordance with § 903 of the Municipalities Planning Code, as amended.
§ 27-2302 Removal of Members.
[Ord. 5/26/1987, § 2102]
Any Board member may be removed for malfeasance, misfeasance 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 a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
§ 27-2303 Procedure.
[Ord. 5/26/1987, § 2103]
a.
Officers. The Board shall elect a chairman from its membership, shall appoint a secretary and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code and this chapter for the conduct of it affairs. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
b.
Meetings. Meetings shall be open to the public and shall be at the call of the chairman and at such other times as the Board shall specify in its rules of procedure. 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 Board; but where two members are disqualified to act in a particular matter, the remaining officer 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.
c.
Records and Decisions. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the Board and shall be a public record.
d.
Compensation. The Board of Supervisors shall fix per meeting compensation for the members of the Board according to a schedule adopted by resolution of the Supervisors upon the enactment of this chapter or as such schedule may be amended from time to time.
e.
The Board or the hearing office, as the case may be, shall keep a stenographic record and transcript of the proceedings, and copies of graphic or written material received in evidence shall be made available to any party at cost.
§ 27-2304 Powers and Duties; Interpretation.
[Ord. 5/26/1987, § 2104]
Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:
a.
Involving the interpretation of any provisions of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
b.
Where it is alleged there is error in any order, requirement, decision or determination including any order requiring an alleged violation to stop, cease and desist made by the Zoning Officer in the enforcement of this chapter.
c.
An appeal of the decision of the Zoning Officer will not act as a stay of a cease and desist order.
§ 27-2305 Powers and Duties; Variances.
[Ord. 5/26/1987, § 2105; as amended by Ord. 124, 7/18/1985, Art. 4]
a.
Applicability. Upon appeal from a decision by the Zoning officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece or property, the strict application of any regulation enacted under this chapter would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.
b.
Condition. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.
c.
Requirement and Standards. No variance in the strict application of the provisions of this chapter shall be granted by the Board unless the Board finds that the requirements and standards are satisfied.
The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate that the request for the variance is in conformance with all the requirements and standards listed below:
(1)
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.
(2)
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.
(3)
Such unnecessary hardship has not been created by the applicant, or that the applicant, at the time that he purchased the property was not aware or could not reasonably have been expected to be aware of the zoning classification and restrictions placed on the property or the circumstances giving rise to the hardship.
(4)
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.
(5)
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.
d.
Life of Decision. A variance granted by the Zoning Hearing Board in accordance with this section shall expire at the end of one year from the date of decision, unless the applicant or owner has commenced construction or otherwise executed upon the grant of approval within that time.
In granting any variance, the Board may attach reasonable conditions and safeguards as it may be necessary to implement the purposes of this act in this chapter.
§ 27-2306 Powers and Duties; Special Exceptions.
[Ord. 5/26/1987, § 2106; as amended by Ord. 124, 7/18/1989, Art. 4]
a.
Applicability. The Zoning Hearing Board shall have the power to approve special exceptions when this chapter specifically requires the obtaining of such approval and for no other use or purpose.
b.
Conditions and Standards. In granting a specific exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this chapter. The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this chapter.
c.
The General Requirements and Standards Applicable to All Special Exceptions. The Board shall grant a special exception only if it finds adequate evidence presented by the applicant that proposed special exception is duly authorized under provisions of this chapter; that the application falls within the terms of the specific provisions allowing for special exceptions; and that the proposed use complies with all other requirements of this chapter. The Zoning hearing Board shall refuse an application for special exception where opponents to the application establish by a preponderance of evidence that the application is contrary to the health, safety and morals of general welfare of the community at large. The Zoning Hearing Board, in granting a special exception, may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. The Board shall, among other things, require that any proposed use and location be:
(1)
In accordance with the Township Comprehensive Plan and consistent with the spirit, purposes and the intent of this chapter.
(2)
In the best interests of the Township, the convenience of the community, the public welfare.
(3)
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of effects on highway traffic and safety with adequate access arrangement to protect streets from undue congestion and hazard.
(6)
In accordance with sound standards of subdivision and land development where applicable.
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 objectives of this chapter. |
d.
In addition to the requirements specified in this chapter, the applicant shall provide the additional information required below and any information necessary for the Zoning Hearing Board to make its evaluation:
(4)
Use B10e Accessory Family Day Care.
(a)
Ensure that outdoor play areas will not negatively impact adjacent properties.
(b)
Provide the means to ensure that the number of children does not exceed the maximum permitted under § 27-304(B10b)(5).
(c)
Certify that appropriate fencing will be provided when required in accordance with § 27-304(B10e)(5)(e).
(5)
Use B10g Repair Services and Other Home Occupations.
(7)
Use C6 Cemetery.
(a)
Indicate type of cemetery.
(b)
Identify all accessory uses.
(c)
Submit a site plan showing the following minimum information:
(1)
The placement of all structures and parking spaces.
(3)
The areas designated for burial plots showing any proposed groupings of burial plots.
(4)
A macadam walkway system at least 42 inches in width to access the burial plots.
(5)
The location of the ultimate right-of-way.
(6)
The location of the setback lines.
(7)
The location and description of buffer plantings.
(9)
Uses F9 Eating Place, F11 Tavern and F23 Inn.
(a)
Show that proposed use will have adequate access and parking.
(b)
Indicate how parking areas will be screened from view of adjacent residential properties.
(c)
Method of stormwater management.
(d)
Uses F9 and F11 shall specify hours of operation and methods to abate impacts on surrounding residential properties, particularly after 9:00 p.m.
(e)
Use F23 shall provide certification of sewage facilities.
(11)
Uses F19 Cottage Development or Private Camp and F20 Recreational Camping Park.
(a)
Identify specific uses and activities.
(b)
Specify location of outdoor activities; and Zoning Hearing Board should determine if buffer requirements of § 27-1905 need to be supplemented.
(c)
Method to abate impacts on surrounding residential properties.
(d)
Provide a means to ensure that the lengths of occupants' stays do not exceed the requirements of § 27-304(F19)(a) and (F20)(a)(3).
(e)
Provide water impact study and sewage facilities impact statement.
(f)
Show access for emergency vehicles.
(13)
Uses F25 Service Station or Car Washing Facility, F27 Automobile Repair, F28 Automotive Accessories and F29 Truck and Farm Equipment Sales.
(14)
Use H10 Fuel Storage.
(15)
Uses H11 Junkyard, H12 Extractive Operation, H14 Resource Recovery Facility and H15 Solid Waste Landfill.
e.
Life of Decision. A special exception granted by the Zoning Hearing Board in accordance with this section shall expire at the end of one year from the date of decision, unless the applicant or owner has commenced construction or otherwise executed upon the grant of approval within that time.
§ 27-2307 Powers and Duties; Challenge to the Validity of Ordinance or Map.
[Ord. 5/26/1987, § 2107]
The Board shall hear challenges to the validity of this chapter or map, except as indicated in Act 247, §§ 1003 and 1004(1)(b). In all such challenges, the Board shall take evidence and make a record thereon as provided in § 27-2402(d) of this chapter. 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 court.
§ 27-2308 Powers and Duties; Unified Appeals.
[Ord. 5/26/1987, § 2108]
Where the Board has jurisdiction over a zoning matter pursuant to §§ 27-2304, 27-2305 and 27-2307, the Board shall also hear all appeals which an applicant may elect to bring before it with respect to any Township ordinance or requirement pertaining to the same development plan or development. In any such case, the Board shall have no power to pass upon the nonzoning issues, but shall take evidence and make a record thereon as provided in § 27-2402(d). At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.
§ 27-2309 Actions of the Board in Exercising Powers.
[Ord. 5/26/1987, § 2109]
In exercising the above-mentioned powers, the Zoning Hearing Board may in conformity with law and the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
§ 27-2310 General Rules and Procedures for Appeals and Applications.
[Ord. 5/26/1987, § 2110]
a.
Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this chapter shall be filed with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
b.
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the Board of Supervisors.
c.
All appeals and applications shall refer to the specific provision of this chapter involved.
§ 27-2311 Who May Appeal.
[Ord. 5/26/1987, § 2111]
Appeals to the Zoning Hearing Board may be taken by any person or Township official aggrieved or affected by any provision of this chapter or by any decision, including any order to stop, cease and desist issued by the Zoning Officer in enforcing the provisions of this chapter.
§ 27-2312 Notice of Hearings.
[Ord. 5/26/1987, § 2112; as amended by Ord. 124, 7/18/1989, Art. 6]
Hearings shall be opened to the public and shall be at the call of the chairman and at such other times as the Board shall specify in its rules of procedure, subject to the following provisions:
a.
Public notice for all hearings shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
b.
Written notice shall be given to the applicant, the Zoning Officer and such other persons as the Board of Supervisors shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board.
c.
Written notice of hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
d.
The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.
§ 27-2313 Court Appeals.
[Ord. 5/26/1987, § 2113]
Any persons aggrieved by any decision of the Zoning Hearing Board or the Board of Supervisors may, within 30 days after such decision of the Board, appeal to the Court of Common Pleas of Bucks County, 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 upon which he relies. Such appeals shall be made in accordance with Part 10 of the Pennsylvania Municipalities Planning Code.
§ 27-2314 Fees and Escrow Deposits.
[Ord. 5/26/1987, § 2115]
The applicant for any hearing before the Zoning Hearing Board shall at the time of making application, pay to the Zoning Officer, for the use of the Township, a fee in accordance with a fee schedule adopted by resolution of the Board of Supervisors upon enactment of this chapter or as such schedule may be amended from time to time. In addition, as escrow deposit may be required. The escrow deposit requirements shall be set from time to time by resolution of the Board of Supervisors.